
Qass. 
Book. 






/ 



JUDICIAL DEPARTMENT. 

3 Lb 

CONSTITUTIONAL PROVISIONS OF OTHER STATES RELATING 
THERETO COMPARED WITH THOSE OF MICHIGAN. 



[Compiled by the Michigan Legislative Reference Department for the 
Committee on Printing of the Constitutional Convention of 1907.] 



JUDICIAL POWER VESTED. 

(73) Sec. 1. The judicial power is rested in one supreme court, in 
circuit courts, in probate courts, and in justices of the peace. Municipal 
courts of civil and criminal jurisdiction may he established by the legis- 
lature in cities. — Mich. (1850), Art. 6. 

Sec. 139. The judicial power of the state shall be vested in the senate 
sitting as a court of impeachment, a supreme court, circuit courts, chanc- 
ery courts, courts of probate, such courts of law and equity inferior to the 
supreme court, and to consist of not more than five members, as the 
legislature from time to time may establish, and such persons as may be 
by law invested with powers of a judicial nature; but no court of general 
jurisdiction, at law or in equity, or both; shall hereafter be established 
iii and for any one county having a population of less than twenty 
Thousand, according to the next preceding Federal census, and property 
assessed for taxation at a less valuation than three million five hundred 
thousand dollars. — Ala. (1901), Art. 6. 

Sec. 1. The judicial power of the state shall be vested in one supreme 
court; in circuit courts; in county and probate courts, and in justices 
of the peace. The general assembly may also vest such jurisdiction as 
may be deemed necessary in municipal corporation courts, courts of com- 
mon pleas, where established, and when deemed expedient, may estab- 
lish separate courts of chancery. — Ark. (1871 1, Art. 7. 

Sec. 1. The judicial power of the state shall be vested in the senate 
sitting as a court of impeachment, in. a supreme court, superior courts, 
justices of the peace, and such inferior courts as the legislature may 



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<& ■' 



establisb in any incorporated city, or town, or city and county. — Cal. 
I 1880), 1/7. (•».' 

Sec. L3. The legislature shall fix by law the jurisdiction of any In- 
ferior courts which may be established in pursuance of section one of 
this article, and shall fix by law the powers, duties, and responsibilities 
of the judges thereof . — Cal. (1880), Art. <;. 

Sec. l. The judicial power of the slate as to matters of law and 
equity, except as in this constitution otherwise provided, shall l»c vested 
in a supreme court, district courts, county courts, justices of the peace, 
and such other courts as may be provided by law. — Colo. (1876), Art. 6. 

Sec. 1. The judicial power of* the state 1 shall be vested in a supreme 
court of errors, a superior court, and such inferior courts as the general 
assembly shall, from time to time, ordain and establish; the powers and 
jurisdiction of which courts shall be defined by law.— Conn,. (1818), 
Art. ~). 

See. 1. The judicial power -of This state shall be vested in a supreme 
court, a superior court, a court of chancery, an orphans' court, a court 
of oyer and terminer, a court of general sessions, a register's court, jus- 
tices of the peace and such other courts as the general assembly, with 
the concurrence of two-thirds of all the members elected to each house. 
shall from time to time by law establish. — Del. (1897), Art. 4. 

Sec. 1. The judicial power of the state 1 shall be vested in a supreme 
court, circuit courts, criminal courts, county courts, county judges ami 
justices of the peace. — Fid. (1885), AH. 5. 

Sec. 34. The legislature may establish in incorporated towns and 
cities, courts for the punishment of offenses against municipal ordi- 
nances.— FU. (1885), Art. 5. 

Sec. 1. Tar. 1. The judicial powers of this state shall be vested in a 
supreme court, superior courts, courts of ordinary, justices of the peace, 
commissioned notaries public, and other courts, as have been or may be 
established by law. — Ga. (1877), AH. 6. 

Sec. 2. The judicial power of the state shall be vested in a court for 
the trial of impeachments, a supreme court, district courts, probate 
courts, courts of justices of the peace, and such other courts inferior to 
the supreme court as may be established by law for any incorporated 
city or town. — Idaho (1889), Art. 5. 

Sec. l I. The legislature may provide for the establishment of special 
courts for the trial of misdemeanors in incorporated cities and towns 
where the same may Ik 1 necessary. — Idaho (1889), Art. .""). 

Sec. 1. The judicial powers, except as in this article is otherwise 1 pro- 
vided, shall be vested in one supreme court, circuit courts, county courts. 

justice's of the' peace, police magistrates, ami in such other courts as may 



3 

be created by law in an<l for cities and incorporated (owns. — III. i L870), 
Art. 6. 

Sec. 11. After the year of our Lord one thousand eight hundred and 
seventy-four, inferior appellate courts, of uniform organization and juris- 
diction, may be created in districts formed for that purpose, to which 
such appeals and writs of error as the general assembly may provide, 
may be prosecuted from circuit and other courts, and from which ap- 
peals and writs of error shall lie to the supreme court, in all criminal 
cases, and cases in which a franchise, or freehold, or the validity of a 
statute is involved, and in such other cases as may be provided by law. 
Such appellate courts shall be held by such number of judges of the 
circuit courts, and at such times and places, and in such manner as may 
be provided by law ; but no judge shall sit in review upon cases decided 
by him ; nor shall said judges receive any additional compensation for 
such services. — III. (1870), Art. 6. 

Sec. 26. The recorder's court of the city of Chicago shall be continued, 
and shall be called the "criminal court of Cook county." It shall have 
the jurisdiction of a circuit court in all cases of criminal and quasi 
criminal nature, arising in the county of Cook, or that may be brought 
before said court pursuant to law; and all recognizances and appeals 
taken in said county, in criminal and quasi criminal cases, shall be re- 
turnable and taken to said court. It shall have no jurisdiction in civil 
cases, except in those on behalf of the people, and incident to such 
criminal or quasi criminal matters, and to dispose of unfinished business. 
The terms of said criminal court of Cook county shall be held by one 
or more of the judges of the circuit or superior court of Cook county, as 
nearly as may be in alternation, as may be determined by said judges, 
or provided bv law. Said judges shall be ex officio judges of said court. — 
III. (1870), Art. 6. 

Sec. 1. The judicial power of the state shall be vested in a supreme 
court, in circuit courts, and in such other courts as the general assembly 
may establish. — Ind. (1851), Art. 7. 

Sec. 1. The judicial power shall be vested in a supreme court, dis- 
trict court, and such other courts, inferior to the supreme court, as the 
general assembly may, from time to time, establish. — Iowa (1857), Art. 5. 

Sec. 1. The judicial power of this state shall be vested in a supreme 
court, district courts, probate courts,* justices of the peace, and such 
other courts inferior to the supreme court as may be provided by law; 
and all courts of record shall have a seal, to be used in the authentication 
of all process. — Kan. (1859), Art. 3. 

Sec. 109. The judicial power of the commonwealth, both as to mat- 
ters of law and equity, shall be vested in the senate when sitting as a 
court of impeachment, and one supreme court (to be styled the court of 
appeals) and the courts established by this constitution. — Ky. (1891), 
See. 109. 



Aii. 84. The judicial power of the state shall be vested in a supreme 
court, in courts of appeal, in district courts, in justices of the peace, 
and in such other courts as are hereinafter provided for. La. (1898), 
Art. 84. 

Sec. 1. The juicial power of this state shall he vested in a supreme 
judicial court, and such other courts as the legislature shall from lime 
time establish.— Me. I L819), Art. 6. 

Sec. 1. The judicial power of this state shall he vested in a court of 
appeals, circuit courts, orphans' courts, such courts for the city of Balti- 
more as are hereinafter provided for. and justices of the.peace; all said 
courts shall he courts of record, and each shall have a seal to he used 
in the authentication of a!! pr :ess issuing therefrom. The process and 
official character of i ; atices ol th< peace shall he authenticated .-is hath 
heretofore been prad this state, or may hereafter be prescribed 

by law. \hl. I L807), Art 

Sec. 1. The judicial power of the state shall he vested in a supreme 
court, district courts, courts of probate, justices of Hie peace, and such 
other courts, inferior to the supreme court, as the legislature may from 
lime to time establish by a two-thirds vote. — Minn. (1857), Art. 6; 

Sec. 1 !!. The judicial power of the stale shall ho vested in a supreme 
court ami such other courts as are provided for in this constitution.-— 
Miss, I L890), Art. G. 

Sec. 172. The legislature shall, from time to time, establish such other 
inferior courts as may be necessary, and abolish the same whenever 
deemed expedient. — Miss. (1890), Art. 6. 

See. 1 . The judicial power of the state, as to matters of law and equity, 

except as in this const i tut ion otherwise provided, shall he vested in a 

supreme court, the St. Louis court of appeals, circuit courts, criminal 

courts, probate courts, county courts and municipal corporation courts. 

o. (1875), Art. 6. 

. 1. The judicial power of the state shall be vested in the senate 
sitting as a court of impeachment, in a sup: erne court, district courts, 
justices of the peace, and such other inferior courts as the legislative 
assembly maj in any incorporated city or town. — Mont. I L889), 

Sec. 24. The legislative assembly shall have power to provide for 

creating such pol municipal courts and magi* or cities and 

towns as may be deemed necessary Prom time to time, who shall have 

jurisdiction in all cases arising wmU>v the ordinances of such cities and 

as, respectively; such police magistrates may also he constituted 

. i rn ■ i < ) justices of the peace for their respective counties. — Mont. 

-'•i. irt. 8. 

. i. The judicial power of the state shall be vested in a supreme 



court, district courts, county courts, justices of the pence, police magis- 
trates, and in suck other courts inferior to the district courts as may be 
created by law for cities and incorporated towns. — Neb. (1875), Art. 6. 

Sec. L The judicial power of this state shall be vested in a supreme 
court, district courts, and in justices of the peace. The legislature may 
also establish courts for municipal purposes only, in incorporated cities 
and tow ns.— \ cv. i 1864), Art. 6. 

Sec. !). Provision shall be made by law prescribing the powers, duties 
and responsibilities of any municipal court that may be established in 
pursuance of section one of this article; and also fixing by law the 
jurisdiction of said court, so as not to conflict with that of the several 
courts of record.— Nev. (1864), Art. 6. 

1. The judicial power shall be vested in a court of errors and appeals 
in the last resort in all causes as heretofore; a court for the trial of 
impeachments; a court of chancery; a prerogative court; a supreme 
court; circuit courts, and such inferior courts as now exist, and as may 
be hereafter ordained and established by Jaw; which inferior courts the 
legislature mav alter or abolish, as the public good --hall require. — X. •/. 
(1844), Art. Q^Sec. 1, CI. 1. 

Sec. 18. Inferior local courts of civil and criminal jurisdiction may 
be established by the legislature, but no inferior local court hereafter 
created shall be a court of record. The legislature shall not hereafter 
confer upon any inferior or local courts of its creation, any equity juris- 
diction or any greater jurisdiction in other respects than is conferred 
upon county courts by or under this article. Except as herein otherwise 
provided, all judicial officers shall be elected or appointed at such times 
and in such manner as the legislature may direct. — X. Y. (1894), Art. 6. 

Sec. 2. The judicial power of the state shall be vested in a court for 
the trial of impeachments, a supreme court, superior courts, courts 
of justices of the peace, and such other courts inferior to the supreme 
court as may be established by law. — X. C. (1875), Art. 1. 

Sec. 11. The general assembly shall provide for the establishment of 
special courts, for the trial of misdemeanors, in cities and towns where 
the same may be necessary. — X. C. (1875), Art. 1. 

Sec. 85. The judicial power of the state of North Dakota shall be 
vested in a supreme court, district courts, county courts, justices of the 
peace, and in such other courts as may be created by law for cities, in- 
corporated towns and villages. — N. Dak. (1889), Art. 4. 

Sec. 1. The judicial power of the state is vested in a supreme court, 
circuit courts, courts of common pleas, courts of probate, justices of the 
peace, and such other courts inferior to the supreme court, as the general 
assemblv mav, from time to time establish. — Ohio (1851). Art. 4 (Amdt. 

(1883).' 



I) 

s ;'«'- i- [The judicial power of this state shall be vested in the senate, 
sitting ;< s a <<mri of impeachment, a supreme court, district courts, 
county courts, courts of justices of the peace, municipal courts, and such 
other courts, commissions or boards, inferior to the supreme court, as 
mav be established by law. — Okla. (1907), Art. 7. 

Sec. l. The judicial power of the state shall be vested in a supreme 
court, circuit courts, and county court, which shall be courts of record, 
having general jurisdiction, to be denned, limited and regulated by law 
in accordance with this constitution. .Justices of the peace mav also 
be vested with limited judicial powers, and municipal courts may be 
created to administer the regulations of incorporated towns and cities. — 
Ore. i L857), Art. 7. 

Sec. 1. The judicial power of this commonwealth shall be vested in a 
supreme court, in courts of common pleas, courts of oyer and terminer 
and general jail delivery, courts of quarter sessions of the peace, orphans 1 
court, magistrates' courts and in such other courts as the general assem- 
bly may From time to time establish.— Pa. (187)>), Art. 5. 

Sec. 1. The judicial power of this state shall be vested in one supreme 
court, and in such inferior courts as the "eneral assemblv may, from 
time to time, ordain and establish.— R. I. (1842), Art. 10. 

Sec. 1. The judicial power of this state shall be vested in a supreme 
court, in two circuit courts, to wit: A court of common pleas having 
civil jurisdiction and a court of general sessions with criminal juris- 
diction only. The general assembly may also establish county courts, 
municipal courts and such courts in any or all of the counties of this 
state inferior to circuit courts as may be deemed necessary, but none of 
such courts shall ever be invested with jurisdiction to try cases of 
murder, manslaughter, rape or attempt to rape, arson, common law burg- 
lary, bribery or perjury: Provided, Before a county court shall be estab- 
lished in any county it must be submitted to the qualified electors and a 
majority of those voting must vote lor its establishment — S. G. (1895), 
.1/7. 5. 

Sec. 1. The judicial powers of the state, except as in this constitution 
otherwise provided, Shall be vested in a supreme court, circuit courts, 
county courts, and justices of the peace, and such other courts as may 
be created by law lor cities and incorporated towns.— #. i>. (1889), 
Art. 5. 

Sec. 1. The judicial power of this slate shall be vested in one supreme 
COUrt, and in such circuit, chancery, and other inferior courts as the 
legislature shall, from time to lime, ordain and establish; in the judges 
thereof, and in justices of the peace. The legislature may also vest such 
jurisdiction in corporation conns as may be deemed necessary. Courts 
i<» be holden by justices of the peace mav also be established. — Tenn. 
i L870), .1/7. <;. 

Sec. 1. The judicial power of this state shall be vested in one supreme 



court, in courts of civil appeals, in a court of criminal appeals, in district 
courts, in county courts, in commissioners' courts, in courts of justices 
of the peace, and in such other courts as may be provided by law. The 
criminal district court of Galveston and Harris counties shall continue 
with the district, jurisdiction, and organization now existing by law 
until otherwise provided by law. The legislature may establish such 
other courts as it may deem necessary, and prescribe the jurisdiction and 
organization thereof, and may conform the jurisdiction of the district 
and other interior courts thereto. — Tex. (1875), Art. 5 (Amdt. 1891). 

Sec. 1. The judicial power of the state shall be vested in the senate 
sitting- as a court of impeachment, in a supreme court, in district courts, 
in justices of the peace, and such other courts inferior to the supreme 
court as may be established by law. — Utah (1896), Art. 8. 

Sec. 4. Courts of justice shall be maintained in every county in 
this state, and also in new counties, when formed; which courts shall 
be open for the trial of all causes proper for their cognizance; and jus- 
tice shall be therein impartially administered, without corruption, or 
unnecessary delay. The judges of the supreme court shall be justices of 
the peace throughout the state; and the several judges of the county 
courts, in their respective counties, by virtue of their office, except in 
the trial of such causes as mav be appealed to the countv court. — Vt. 
(1793), Chap. 2. 

Sec. 87. The judiciary department shall consist of a supreme court 
of appeals, circuit courts, city courts, and such other courts as are here- 
inafter authorized. The jurisdiction of these tribunals and the judges 
thereof, except so far as conferred bv this constitution, shall be regu- 
lated by law.— Va. (1902), Art. 6. 

Sec. 1. The judicial power of the state shall be vested in a supreme 
court, superior courts, justices of the peace, and such inferior courts as 
the legislature may provide. — Wash. (1889), Art. 4. 

Sec. 1. The judicial power of the state shall be vested in a supreme 
court of appeals, in circuit courts and the judges thereof, in such inferior 
tribunals as are herein authorized and in justices of the peace. — W. Va. 
(1872), Art. 8. 

Sec. 19. The legislature may establish courts of limited jurisdiction 
within any county, incorporated city, town or village, with the right of 
appeal to the circuit court, subject to such- limitations as may be pre- 
scribed by law; and all courts of limited jurisdiction heretofore estab- 
lished in any county, incorporated city, town or village, shall remain 
as at present constituted until otherwise provided by law. The municipal 
court of Wheeling shall continue in existence until otherwise provided 
by law, and said court and the judge thereof, shall exercise the powers 
and jurisdiction heretofore conferred upon them; and appeals in civil 
cases from said court shall lie directlv to the supreme court of appeals. — 
W. Va. (1872), Art. 8. 



8 

Sec. 2. The judicial power of this state, botli as to matters of law 
and equity, shall be vested in a supreme court, circuit courts, courts of 
probate, and in justices of the peace. The legislature may also vesl such 
jurisdiction as shall be deemed accessary in municipal courts, and shall 
have power to establish inferior courts in the several counties, with 
limited civil and criminal jurisdiction: Provided, Thai the jurisdiction 
which may be vested in municipal courts, shall no1 exceed, in their 
respective municipalities, thai of circuit courts, in their respective 
circuits, as prescribed in this constitution: And that the legislature 
shall provide as well for the election of judges of the municipal courts, 
as of the judges of inferior courts, by the qualified (doctors of the 
respective jurisdictions. The term of office of the judges of the said 
municipal and inferior courts shall not be longer than thai of the judjges 
of the circuit court.— Wis. (1848), Art. 7. 

Sec. 1. The judicial power of the state shall be vested in the senate. 
sitting as a court of impeachment, in a supreme court, district courts, 
justices of the peace, courts of arbitral ion and such courts as the legis- 
lature may. by general law. establish, for incorporated cities or incor- 
porated towns. — Wyo. (1889), Art. 5. 



SPECIAL COURT OF APPEALS. 

Sec. 89. The general assembly may, from time to time, provide for a 
special courl of appeals to try any cases on the docket of the supreme 
court of appeals in resped to which a majority of the judges are so 
situated as to make it improper tor them to sit ; and also to try any cases 
on said docket which cannot be disposed of with convenient dispatch. 
The said special court shall be composed of not less than three nor more 
than five of the judges of the circuit courts and city courts of record in 
cities of the firsl class, or of the judges of either of said courts, or of any 
of the judges of said courts together with one or more of the judges of 
Hie supreme courl of appeals. — Va. (1902), Art. 6, Stec. 89. 



COURTS OF CHANCERY. 

Sec. 1 b~). The legislature shall have power to establish a court or 
couri- of chancery, with original and appellate jurisdiction, except as 
otherwise authorized in this article. The state shall be divided by the 
legislature into convenient chancery divisions; each division shall be 
divided into districts, and lor each division there shall be a chancellor, 
Who shall have resided in the division for which he shall be elected or 
appointed for one year next preceding his election or appointment, and 
shall reside therein during his conl in nance in office. — Ala. (1901), Art. 6. 

Sec. in;. A chancery court, <>r a courl liaving the jurisdiction of the 

chancers court, shall be held in each district, at a place to be fixed by 
law, al least twice in each year, and the chancellors may hold court for 
each other when lhe\ deem it necessary, and shall do so when directed 
b\ law. Ahi. i 1!HH i. Art. 6. 



9 

See. 10. The chancellor shall hold the court of chancery. This court 
shall have all the jurisdiction and powers vested by the laws of this 
state in the court of chancery. — Del. (1897), Art. 4. 

Sec. 16. In matters of chancery jurisdiction in which the chancellor 
is interested or otherwise disqualified, the chief justice shall have juris- 
diction, and there shall be an appeal to the supreme court, which shall 
in this case consist of the tour associate judges, the senior associate 
judge present presiding. Any three of them shall constitute a quorum, 
and one of them may open and adjourn court. — Del. (1897), Art. 4. 

Sec. 17. The chief justice, or, in case of his absence from the state 
or disability, the senior associate judge, shall have power, during the 
absence of the chancellor from the state or his temporary disability, to 
grant restraining orders and preliminary injunctions, pursuant to the 
rules of the court of chancery : Provided, That nothing herein contained 
shall be construed to confer general jurisdiction over the case. — Del. 
(1897), Art. 4. 

Sec. 21. Until the general assembly shall otherwise provide, the 
chancellor shall exercise all the powers which any law of this state vests 
in the chancellor, besides the general powers of the court of chancery, 
and the chief justice and associate judges shall each singly exercise all 
the powers which any law of this state vests in the judges singly of the 
superior court. — Del. (1897), Art* 4. 

Sec. 159. The chancery court shall have full jurisdiction in the fol- 
lowing matters and cases, viz. : 

(a) All matters in equity; 

(b) Divorce and alimony; 

(c) Matters testamentary and of administration; 

(d) Minor's business; 

(e) Cases of idiocy, lunacy, and persons of unsound mind; 

(f) "All cases of which the said court had jurisdiction under the 
laws in force when this constitution is put in operation. — Miss. (1.S90), 
Art. 6. 

Sec. 160. And in addition to the jurisdiction heretofore exercised by 
the chancery court in suits to try title and to cancel deeds and other 
clouds upon title to real estate, it shall have jurisdiction in such cases 
to decree possession, and to displace possession; to decree rents and 
compensation for improvements and taxes; and in all cases where said 
court heretofore exercised jurisdiction, auxiliary to courts of common 
law, it may exercise such jurisdiction to grant the relief sought, although 
the legal remedy may not have been exhausted or the legal title estab- 
lished by a suit at law. — Miss. (1890), Art. 6. 

Sec. 161. And the chancery court shall have jurisdiction, concurrent 
with the circuit court, of suits on bonds of fiduciaries and public officers 
for failure to account for money or property received, or wasted or lost 
by neglect or failure to collect, and of suits involving inquiry into matters 
of mutual accounts; but if the plaintiff brings his suit in the circuit 
2— Jud. Dept. 



10 

court, thai courl may, on application of the defendant, transfer the 
cause to the chancery court, if h appear that the accounts to be investi- 
gated are mutual and complicated. — Miss, i L890), Art. 6. 

Sec L62. All causes thai may be broughi in the chancery courl 
whereof the circuil courl has exclusive jurisdiction shall be transferred 
to the circuil court. — Miss. (1890), Art. ('». 

• 
Sec. L63. The legislature shall provide by law for the due certifica- 
tion of all causes thai may be transferred to or from any chancery court 
or circuil court, for such reformation of the pleadings therein as may be 
accessary, and the adjudication of the costs of such transfer. — Miss. 
i L890), Art. 6. 

Sec. 1(>4. A chancery court shall be held in each county at least twice 
in each year.— Miss, i 1890), Art. 6. 

1. The court of chancery shall consist of a chancellor. — N. J. (1844) y 
Art. 6, Sec 4, CI 1. 

2. The chancellor shall be the ordinary or surrogate general, and 
judges of the prerogative court. — N. J. (1844), Art. 6, Sec. 4, CI. 2. 

Sec. 5. A future legislature may, when they shall conceive the same 
to be expedient and necessary, erect a court of chancery, with such 
powers as are usually exercised by that court, or as shall appear for the 
interest of the commonwealth; provided they do not constitute themselves 
the judges of the said court. — Vt. (1793), Chap. 2. 



COIKTS OF LAND REGISTRATION. 

Sec. 100. The general assembly shall have power to establish such 
court or courts of land registration as it may deem proper for the admin- 
istration of any law it may adopt for the purpose of the settlement, regis- 
tration, transfer, or assurance of titles to land in the state, or any part 
thereof.— Fa. < 1902), Art. 6. 

Sec. 103. The judges of county courts, clerks, sheriffs, surveyors, 
coroners, jailers, constables, and such other officers as the general assem- 
bly may, from time to time require, shall, before they enter upon the 
dul ies of their reaped Lve offices, and as often thereafter as may be deemed 
proper, give such bond and security as may be prescribed by law. — Ky. 
1 1893 i. Sec. in:;. 



COUNTY COURTS. 

Sec. 28. The county courts shall have exclusive original jurisdiction 
in all matters relating to county taxes, roads, bridges, ferries, paupers, 
bastardy, vagrants, the apprenticeship of minors, the disbursement of 
money for county purposes, ami in every other case that may be neces- 



11 

eary to the internal improvemenl and local concerns of the respective 
connties. The county court shall be held by one judge, except in ci 

otherwise herein provided. — A'rlc. (1874), Art. 7. 

Sec. 29. The judge of the county court shall be elected by the quali- 
fied electors of the county for the term of two years. lie shall he at 
least twenty-five years of age, a citizen of the United States, a man of 
uprighl character, of good business education and a resident of the state 
for two years before his election, and a resident of the comity at the 
time of iiis election and during his continuance in office. — Ark. (1874), 
Art. 7. 

Sec. 31. The terms of the county courts shall be held at the times that 
are now prescribed for holding the supervisors' courts, or may hereafter 
be prescribed by law. — Ark. (1874), Art. 7. 

See. 32. The general assembly may authorize the judge of the county 
court of any one or more counties to hold severally a quarterly court of 
common pleas in their respective counties, which shall be a court of 
record, with such jurisdiction in matters of contract and other civil 
matters not involving title to real estate as may be vested in 'such court. 
—A/7,-. (1871), Art. 7. 

Sec. 33. Appeals from all judgments of county courts or courts of 
common pleas, when established, may be taken to the circuit court under 
such restrictions and regulations as mav be prescribed by law. — Ark. 
(1874), Art. 7. 

Sec. 36. Whenever the judge of the county or probate court may be 
disqualified from presiding in any cause or causes pending in his court 
he shall certify the facts to the governor of the state, who shall there- 
upon commission a special judge to preside in such cause or causes dur- 
ing the time said disqualification may continue, or until such cause or 
causes may be finally disposed of. — Ark. (1874), Art. 7. 

Sec. 37. The county judge shall receive such compensation for his 
services as presiding judge of the county court, as judge of the court of 
probate and judge of the court of common pleas, when established, as 
may be provided by law. In the absence of the circuit judge from the 
county the couuty judge shall have power to issue orders for injunction 
and other provisional writs in their counties, returnable to the court 
having jurisdiction : Provided, That either party may have such order re- 
viewed by any superior judge in vacation in such manner as shall be 
provided by law. The county judge shall have power, in the absence of 
the circuit judge from the county, to issue, hear and determine writs 
of habeas corpus under such regulations and restrictions as shall be 
provided by law. — Ark. (1874), Art. 7. 

Sec. 22. There shall be elected at the general election in each organ- 
ized county in the year nineteen hundred and four, and every four years 
thereafter, a county judge, who shall be judge of the county court of 
said county, whose term of office shall be four years, and who shall be 



paid such salary or compensation, either from the fees and emoluments 
of his office or from the general county fund, as shall be provided by 
law. The term of office of the county judges serving at the time of the 
adoption of this amendment is hereby extended to the second Tuesday of 
January, in the year A. D. 1905. — Colo. (1876), Art. 6. 

See. 23. County courts shall be courts of record and shall have orig- 
inal jurisdiction in all matl ate, settlement of estates of de- 
I persons, appointment of guardians, conservators and adminis : 
trators, and settlement of their accounts, and such other civil and crim- 
inal jurisdiction as may be conferred by law: Provided, Such courts 
11 no] have jurisdiction in any rase where the debt, damage, or claim. 
or value of property involved, shall exceed two thousand dollars, except 
in cases relating to the < of deceased persons. 

Appeals may be taken from county to district courts, or to the supreme 
court, in such cases and in such manner as may be prescribed by law. 
Writs of error shall lie from the supreme court to every final judgment of 
the county court. No appeal shall lie to the district court from any judg- 
ment given upon an appeal from a justice of the peace. — Colo. (1876), 
Art. 6. 

Sec. 24. The general assembly shall have power to create and estab- 
lish a criminal court in each county having a population exceeding fif- 
teen thousand, which court may have concurrent jurisdiction with the 
district courts in all criminal cases not capital; the terms of such courts 

hi he as provided by law. — Colo. (1876), Art. (J. 



Sec. 16. There shall be in each county a county judge who shall he 
elected by the qualified electors of said county a! the time and places 
of voting for other county officers and shall hold his office lor four years; 
Mis compensation shall be provided for by law. — Fla. i L885), Art. 



.). 



Sec. L7. The county judge shall have original jurisdiction in all 
s at law in which the demand or value of property involved shall 
not exceed one hundred dollars; of proceedings relating to the forcible 
entry or unlawful detention of lands and tenements; and of such crim- 
inal cases as the legislature may prescribe. The county judge shall have 
jurisdiction of the settlement of the estates of decedents and minors, to 
order the sale of reaUestate of decedents and minors, to iakc probate 
of wills, to grant letters testamentary and of administration and guard- 
ianship, and to discharge the duties usually pertaining to courts of 
probate. He shall have the power of a committing magistrate ami shall 
issue all licenses required by law to he issued in (he county. Fla. 
L885), 1/7. 5. 

Sec. L8. The legislature may organize in such counties, as ii may 
think proper, county courts which shall have jurisdiction of all cases at 
law in which the demand or value of the property involved shall not 
exceed ii\c hundred dollars; of proceedings relating to the forcible entry 
or unlawful detention of lands and tenements, and of misdemeanors, and 
final appellate jurisdiction in civil cases arising in the courts of justices 
Of the peace. The trial of such appeals may he de novo at the option of 



13 

appellant. The county judge shall be the judge of said court. There shall 
be elected by the qualified electors of said county at the time when the 
said judge is elected a prosecuting attorney for said county, who shall 
hold office for four years. II is duties and compensation shall be pre- 
scribed by law. Such courts may be. abolished at the pleasure of the 
legislature. — Fla. (1885), Art. 5. 

Sec. 24. There shall be established in the county of Escambia, and 
upon application of a majority of the registered voters in such other 
counties as the legislature may deem expedient, a criminal court of 
record, and there shall be one judge for each of the said courts, who 
shall be appointed by the governor, and confirmed by the senate, who 
shall hold his office for four years, and whose salary shall be one thous- 
and dollars a year, the counties paying the salaries. — Fla. (1885), Art. 5. 

Sec. 25. The said courts shall have jurisdiction of all criminal cases 
not capital which shall arise in said counties respectively. — Fla. (1885), 
Art. 5. 

Sec. 26. There shall be six terms of said courts in each year. — Fla. 
(1885), Art. 5, Sec. 26. 

Sec. 27. There shall be for each of said courts a prosecuting attorney, 
who shall be appointed by the governor and confirmed by the senate, and 
who shall hold his office for four years. His compensation shall be fixed 
by law.— Fla. (1885), Art. 5. 

Sec. 28. All offenses triable in said court shall be prosecuted upon 
information under oath, to be filed by the prosecuting attorney, but the 
grand jury of the circuit court for the county in which said criminal 
court is held may indict for offenses triable in the criminal court. Upon 
the finding of such> indictment the circuit judge shall commit or bail the 
accused for trial in the criminal court, which trial shall be upon infor- 
mation.— Fla. (1885), Art. 5. 

Sec. 29. . The county courts in counties where such criminal courts 
are established shall have no criminal jurisdiction and no prosecuting 
attorney.— Fla. (1885), Art. 5. 

Sec. 30. The clerk of said court shall be elected by the electors of 
the county in which the court is held and shall hold office for four years, 
and his compensation shall be fixed by law. He shall also be clerk of 
the county court. The sheriff of the county shall be the executive officer 
of said court, and his duties and fees shall be fixed bv law. — Flu. (1885), 
Art. 5. 

Sec. 32. Such courts may be abolished bv the legislature. — Fla. 
(1885), Art. 5. 

Sec. 18. There shall be elected in and for each county one county 
judge and one clerk of the county court, whose terms of office shall be 
four years. But the general assembly may create districts of two or 



14 

more contiguous counties, in eacb of which shall be elected one .judge, 
who shall take the place of and exercise the powers and jurisdiction of 
county judges in such districts. County courts shall be courts of record, 

and shall have original jurisdiction in all matters of probate, settle- 
ment of <'statcs of deceased persons, appoint nient of guardians and con- 
servators and settlements of their accounts, in all matters relating to 
apprentices, and in proceedings for the collection of taxes and assess- 
ments, and such oilier jurisdiction as may be provided for l>\ general 
law.—///. 1 1870), Art, 6. 

Sec. 19. Appeals and writs of error shall be allowed from final deter- 
minations of county Courts, as may be provided by law. — ///. (1870), 
Art. 6. 

Sec. L39. There shall be established in each county now existing, or 
which may be hereafter created, in this state, a court, to be styled the 
quarterly court, the jurisdiction of which shall be uniform throughout 
the state, and shall be regulated by a general law 7 , and, until changed, 
shall be the same as that now vested by law in the quarterly courts of 
this commonwealth. The judges of the county court shall be the judges of 
the quarterly courts.— Ky. (1891), Sec. 139.' 

Sec. 140. There shall be established in each county now existing, or 
which may be hereafter created, in this state, a court to be styled the 
county court, to consist of a judge, who shall be a conservator of the 
peace, ami shall receive such compensation for his services as may be 
prescribed by law. lie shall be commissioned by the governor, and shall 
vacate his office by removal from the county in which he may have been 
elected. Ky. I 1893 I, Sec. 140. 

Sec. 141. The jurisdiction of the county court shall be uniform 
throughout the stale, and shall be regulated by general law, and, until 
changed, shall be the same as now vested in the county courts of this 
siaie b\ law.— Ky. I L893 ), Sec. 141. 

Sec. L44. Counties shall have a fiscal court, which may consist of the 
judge of the county court and the justices of (he peace, in which court 
the judge of 'he county court shall preside, if present; or a county may 
have three commissioners, to be elected from the county at huge, who, 
together with the judge of the county court, shall constitute tin 4 fiscal 
court. A majority of the members of said court shall constitute a court 
for the transaction of business. But where, lor county governmental 
purposes, a city is by law separated from the remainder of the county, 
such commissioners may be elected from the part of the county outside 
of such city. Ky. I 1891 i. Sec. 1 1 I. 

Sec. .■'><*>. in each county there shall be a county court, which shall 
be a court of record, and shall have jurisdiction to transact all county 
ami smh other business as may be prescribed by law. The court shall 
consist of one or more judges, not exceeding \\wm\ of whom the probate 
judge may be one. as may be provided b\ law. Mo. I lS7r>L .1/7. 6. 



Sec. L5. There shall be elected in and for each organized county one 
judge, who shall be judge of the county courl of such county, and whose 
term of office shall be two years. — AY/;. (1875), Art. (>. 

Sec. 13. County (ourts shall be_ courts of record, and shall have or-. 
iginaJ jurisdiction in all matters of probate, settlements of estates of 
deceased persons, appointment of guardians, and sett lenient of their 
accounts; in all matters relating to apprentices; and such other juris- 
diction as may be given by general law. But they shall not have juris- 
diction in criminal cases in which the punishment may exceed six months 
imprisonment, or a fine of over five hundred dollars; nor in actions in 
which title to real estate is sought to be recovered, or may be drawn in 
question ; nor in actions on mortgages or contracts for the conveyance of 
real estate; nor in civil actions where the debt or sum claimed shall 
exceed one thousand dollars. — Xeb. (1875), Art. 6. 

Sec. 17. Appeals to the district courts from the judgments of county 
courts shall be allowed in all criminal cases, on application of the de- 
fendant; and in all civil cases, on application of either party, and in 
such other cases as may be provided by law. — Nev. (1875), Art. G. 

Sec. 14. The existing county courts are continued, and the judges 
thereof now in office shall hold their offices until the expiration of their 
respective terms. In the county of Kings there shall be two county 
judges and the additional county judge shall be chosen at the next gen- 
eral election held after the adoption of this article. The successors of 
the several county judges shall be chosen by the electors of the counties 
for the term of six years. County courts shall have the powers and 
jurisdiction they now possess, and also original jurisdiction in actions 
for the recovery of money only, where the defendants reside in the 
county, and in which the complaint demands judgment for a sum not 
exceeding two thousand dollars. The legislature may hereafter enlarge 
or redistrict the jurisdiction of the county courts ; Provided, hoivever. 
That their jurisdiction shall not be so extended as to authorize an action 
therein for the recovery of money only,- in which the sum demanded ex- 
ceeds two thousand dollars, or in which any person not a resident of the 
county is a defendant. 

Courts of sessions, except in the county of New York, are abolished 
from and after the last day of December, one thousand eight hundred 
and ninety-five. All the jurisdiction of the court of sessions in each 
county, except the county of New York, shall thereupon be vested in 
the county court thereof, and all actions and proceedings then pending 
in such courts of sessions shall be transferred to said county courts for 
hearing and determination. Every county judge shall perform such 
duties as may be required by law. His salary shall be established by law, 
payable out of the county treasury. A county judge of any county may 
hold county courts in anv other county when requested by the judge of 
such other county.— N. Y. (1894), Art'. 6. 

Sec. 110. There shall be established in each county a county seat, 
which shall be a court of record open at all times and holden by one 
judge, elected bv the electors of the county, and whose term of office 
shall be two years.— N. Dak. (1889), Art. 4.' 



10 

Sec. 111. The county courl shall have exclusive original jurisdiction 
in probate and testanientarj matters, the appointment of administrators 
and guardians, the settlement of the accounts of executors, adminis- 
trators and guardians, the sale of lands by executors, administrators and 
guardians, and such other probate jurisdiction as may be conferred by 
law: Provided, That whenever the voters of any county having a popu- 
lation of two thousand or over shall decide by a majority vote that they 
desire the jurisdiction of said courl increased above that limited by this 
constitution, then said county courl shall have concurrent jurisdiction 
with the district courts in nil civil actions where the amount in con- 
troversy does not exceed one thousand dollars, and in all criminal actions 
below the grade of felony, and in case it is decided by tin 1 voters of any 
county to so increase the jurisdiction of said county court, the jurisdic- 
tion in cases of misdemeanors, arising under state laws which may have 
been conferred upon police magistrates, shall cease. The qualifications 
of the judge of the county court in counties where the jurisdiction of 
said court shall have been increased shall be the same as those of the 
district judge, except that he shall be a resident of the county at the time 
of his election, and said county judge shall receive such salary for his 
services as may be provided by law. In case the voters of any county 
decide to increase the jurisdiction of said county courts, then such. 
jurisdiction as thus increased shall remain until otherwise provided by 
law.— N. Dak. (188!)), Art. 4. 

Sec. 114. Appeals shall lie from the county court, final decisions of 
justices of the peace and police magistrate's in such cases and pursuant 
to such regulations as may be prescribed by law. — N. Dak. (1889), Art. 4. 

Sec. 11. There is hereby established in each county in this state a 
county court, which shall be a court of record; and, at the election to 
ratify this constitution, there shall be elected in each county a county 
judge who shall hold his office until the close of the day next preceding 
the second Monday in January, nineteen hundred and eleven; and there- 
alter the term of office of the county judge shall be two years, and he 
shall be elected at each biennial general election. The county judge 
shall be a qualified voter and a resident of the county at the time of his 
election, and a lawyer licensed to practice in any court of record of the 
state. The count v judge shall be judge of the count v court. — Okla. 
(1907), Art. 7. 

Sec. 12. The county courl. coextensive Avith the county, shall have 
original jurisdiction in all probate matters, and until otherwise provided 
by law, shall have concurrent jurisdiction with the district court in civil 
cases in any amount not exceeding one thousand dollars, exclusive of 
interest : Provided, Thai the county court shall not have jurisdiction in 
an\ action for malicious prosecution, or in any action for divorce or 
alimony, or in any action against officers for misconduct in office, or in 
actions for slander or libel, or in actions for the specific performance of 
contracts for I lie sale of real estate, or in any matter wherein the title 
or boundaries of land may be in dispute or called in question; nor to 
order or decree the partition or sale of real estate, not arising under 
its probate jurisdiction. 



17 

It shall have such appellate jurisdiction of the judgments of justices 
of the peace in civil and criminal cases as may be provided by law, or in 
this constitution. The county court shall have jurisdiction concurrent 
with justices of the peace in misdemeanor cases and exclusive jurisdiction 
in all misdemeanor cases of which justices of the peace have not jurisdic- 
tion. In the absence of the judge of the district court from the county, 
or in case of his disqualification . for any reason, the county court, or 
judge thereof, shall have power to issue writs of injunction in matters 
about to be brought or pending in the district court; and to issue writs 
of injunction, mandamus, and all writs necessary to enforce the jurisdic- 
tion of the county courts ; and issue Writs of habeas corpus in cases where 
the offense charged is within the jurisdiction of the county court or any 
other court or tribunal inferior to said court. 

When- the couifty judge is disqualified in any case pending in the 
county court, a judge pro tempore may be selected in the manner pro- 
vided for the selection of judges pro tempore in the district court. — Okla. 
(1907), Art. 7. 

Sec. 13. The county court shall have the general jurisdiction of a pro- 
bate court. It shall probate wills, appoint guardians of minors, idiots, 
lunatics, persons non compos mentis, and common drunkards; grant let- 
ters testamentary and of administration, settle accounts of executors, 
administrators, and guardians; transact all business appertaining to the 
estates of deceased persons, minors, idiots, lunatics, persons non compos 
mentis, and common drunkards, including the sale, settlement, partition, 
and distribution of the estates thereof. The county court shall be held at 
the county seat, but the legislature may provide for holding sessions of 
the county court at not more than two additional places in the county: 
Provided, That alternate sessions of county court in Le Flore county 
shall be held at Talihina.— Olcla. (1907), Art. 7. 

Sec. 14. Until otherwise provided by law, the county court shall have 
jurisdiction of all cases on appeals from judgments of the justices of 
the peace in civil and criminal cases ; and in all cases, civil and criminal, 
appealed from justices of the peace to such county court, there shall be 
a trial de novo on questions of both law and fact. — Okla. (1907), Art. 7. 

Sec. 15. Appeals and proceedings in error shall be taken from the 
judgments of county courts direct to the supreme court, in all cases ap- 
pealed from justices of the peace, and in all criminal cases of which the 
county court is vested with jurisdiction, and in ail civil cases originally 
brought in the county court, in the same manner and by like proceedings 
as appeals are taken to the supreme court from the judgments of the 
district court— Okla. (1907), Art. 7. 

Sec. 16. Until otherwise provided by law, in all cases arising under 
the probate jurisdiction of the county court, appeals may be taken from 
the judgments of the county court to the district court of the county in 
the same manner as is now provided by the laws of the territory of 
Oklahoma for appeals from probate court to the district court, and in 
all cases appealed from the county court to the district court, the cause 
3— Jud. Dept. 



IS 

shall be tried de novo in the district courl upon questions of both law 
and fact. -Okla, I L907), Art. 7. 



Sec. 17. County courts shall also have and exercise the jurisdiction 
examining a 
i 1907), Art. 7. 



of examining and committing magistrates in all criminal cases.— Okla. 



Sec. 11. There shall be elected in each county, for the term of four 
years, a county judge, who shall hold the county court at times to he 
regulated by law. — Ore. (1857), .1/-/. 7. 

Sec. L3. The county judge may granl preliminary injunctions and 
such other writs as the legislative assembly may authorize him to grant, 
returnable to the circuit court, 'or otherwise, as may be provided by law; 
and may hear and decide questions arising upon habeas corpus: Pro- 
vided, Such decision be not against the authority or proceedings of a 
court or judge of equal or higher jurisdiction. — Ore i L857), Art. 7. 

Sec. 14. The counties having less than ten thousand white inhabitants 
shall be reimbursed, wholly or in part, for the salary and expenses of 
the county court, by fees, percentage, and other equitable taxation of 
the business done in said court, and in the office of the county clerk. — 
Ore. (1857), Art. 7. 

Sec. li). There shall be elected in each organized county a county 
judge who shall be judge of the county court of said county, whose term 
(>! office shall be two years until otherwise provided by law. — aS\ I). 
I 1889), Art. 5. 

Sec. 20. County courts shall be courts of record and shall have orig- 
inal jurisdiction in all matters of probate, guardianship, and settle- 
ment of estates of deceased persons, and such other civil and criminal 
jurisdiction as may be conferred by law: Provided, That such court shall 
not have jurisdiction in any case where the debt, damage, claim or value 
of property involved shall exceed one thousand dollars, except in matters 
of probate, guardianship ami the estates of deceased persons. Writs of 
error and appeal may be allowed from county to circuit courts, or to 
the supreme court in such cases and in such manner as may be pre- 
scribed by law: /'roritlcrf. That no appeal or writ of error shall be al- 
lowed to the circuit court from any judgment rendered upon an appeal 
from ;i justice of lh<' pence or police magistrate for cities or towns. — - 
n. />. | L889), Art. 5. 

Sec. 21. The county courl shall not have jurisdiction in cases of 
felony, nor shall criminal cases therein be prosecuted by indictment, 
but they may have such jurisdiction in criminal matters, not of the 
grade of felony, as the legislature may prescribe, and the prosecution 
therein may be by informal ion or otherwise as the legislature mav pro- 
vide.- 8. h. I L889), 1W. 5. 

Sec. 1."). There shall be established in each county in this state a 
county court, which shall be a court of record: and there shall be elected 



19 

in each county by the qualified voters, a county judge, who shall be 
well informed in the law of the state, shall be a conservator of the 
peace and shall hold his office for two years, and until his successor 
shall be elected and qualified. He shall receive as a compensation for 
his services such fees and perquisites as may be prescribed by law. — Tex. 
(1875), Art. 5. 

Sec. 10. The county court shall have original jurisdiction of all mis- 
demeanors of which exclusive original jurisdiction it not given to the 
justice's court as the same is now or may hereafter be prescribed by law, 
and when the fine to be imposed shall exceed $200; and they shall have 
exclusive jurisdiction in all civil cases when the matter in controversy 
shall exceed in value $200 and not exceed $500, exclusive of interest; and 
concurrent jurisdiction with the district court when the matter in con- 
troversy shall exceed $500 and not exceed $1,000, exclusive of interest, 
but shall not have jurisdiction of suits for the recovery of land. They 
shall have appellate jurisdiction- in cases civil and criminal of which 
justices' courts have original jurisdiction, but of such civil cases only 
when the judgment of the court appealed from shall exceed $20, exclusive 
of cost, under such regulations as may be prescribed by law. In all ap- 
peals from justice's court there shall be a trial de novo in the county 
court, and appeals may be prosecuted from the final judgment rendered in 
such cases by the county court, as well as all cases civil and criminal of 
which the county court has exclusive or concurrent or original juris- 
diction of civil appeals in civil cases to the court of civil appeals and in 
such criminal cases to the court of criminal appeals, w r ith such exceptions 
and under such regulations as may be prescribed by law. The cdunty 
court shall have the general jurisdiction of a probate court; they shall 
probate wills, appoint guardians of minors, idiots, lunatics, persons non 
compos mentis, and common drunkards; grant letters testamentary and 
of administration ; settle accounts of executors ; transact all business ap- 
pertaining to deceased persons, minors, idiots, lunatics, persons non com- 
pos mentis, and common drunkards, including the settlement, partition, 
and distribution of estates of deceased persons ; and to apprentice minors, 
as provided by law; and the county court or judge thereof shall have 
power to issue writs of injunction, mandamus, and all writs necessary 
to the enforcement of the jurisdiction of said court, and to issue writs 
of habeas corpus in cases where the offense charged is within the juris- 
diction of the county court or any other court or tribunal inferior to 
said court. The county court shall not have criminal jurisdiction in 
any county where there is a criminal district court unless expressly 
conferred by law ; and in such counties appeals from justices' courts and 
other inferior courts and tribunals in criminal cases shall be to the 
criminal district court, under such regulations as may be prescribed by 
law, and in all such cases an appeal shall lie from such district court to 
the court of criminal appeals. When the judge of the county court is 
disqualified in any case pending in the county court the parties inter- 
ested may by consent appoint a proper person to try said case ; or upon 
their failing to. do so, a competent person to try said case; or upon 
same in the county where it is pending, in such manner as may be pre- 
scribed by law.— fea\ (1875), Art. 5 (Amclt. 1891). 



20 

Sec. 17. The county court shall hold a term for civil business at least 
(dice in every two months, and shail dispose of probate business, either in 
term time or vacation, as may be provided by law, and said eourl shall 
hold a term for criminal business once in every month, as may he pro- 
vided by law. Prosecutions may he commenced in said court by infor- 
mation filed by the county attorney, or by affidavit, as may be provided 
1 \ law. Grand juries impaneled in the district courts shall inquire into 
misdemeanors, and all indictments therefor returned into the district 
courts shall forthwith he certified to the county courts, or other inferior 
courts having jurisdiction to try them, for trial: and if such indictment 
he quashed in the county, or other inferior court, the person charged 
shall not he discharged if there is probable cause of guilt, but may be 
held by such court or magistrate to answer an information or affidavit. 
A jury in the county court shall consist of six men; hut no jury shalJ 
l>e impaneled to try a civil case, unless demanded by one of the parties, 
who shall pay such jury fee therefor, in advance, as may he prescribed 
by law. unless he makes affidavit that he is unable to pay the same. — - 
Tex. I L875), Art. 5. 

Sec. 22. The legislature shall have power, by local or general law. to 
increase, diminish or change the civil and criminal jurisdiction of county 
courts; and in cases of any such change of jurisdiction tin 1 legislature 
shall also conform the jurisdiction of the other courts to such change. — 
Tex. (1875), Art. 5. 

Sec. 29. The county court shall hold at least four terms for both civil 
and criminal business annually, as may be provided by the legislature, 
or by the commissioners' court of the county under authority of law, 
ami such other terms each year as may be fixed by the commissioners' 
court : Provided, The commissioners' court of any county having fixed 
the times and number of terms of the county court, shall not change 
the same again until the expiration of one year. Said court shall dispose 
of probate business either in term time or vacation, under such regu- 
lation as may be prescribed by law. Prosecutions may be commenced in 
said courts in such manner as is or may be provided by law. and a jury 
therein shall consist of six men. Until otherwise provided, the terms 
of the county court shall be held on the first Mondays in February. May. 
August and November, and may remain in session three weeks. — Tex. 
( L875), Art. 5 [Amdt. 1883). 

Art. 11. The assistant judges of the county court shall be elected by 
the freemen of their respective counties. — Vt. (1793), (Amdt.) Art. 14. 

Sec. 22. There shall be in each county of the stale a county court. 
composed of three commissioners, and two of said commissioners shall be 
a quorum for the transaction of business. It shall hold four regular 
sessions in each year, at such times as may be fixed upon and entered of 
record by the said court. Provision may be made by law for holding 
special sessions of said court.- -W. Va. ( lSTl'l, Art. 8. 

Sec. 23. The commissioners shall be elected by the voters of the 

county, and hold their office for the term of six years, except at the first 



21 

meeting of said commissioners they shall designate by Lot, or otherwise, 
in such manner as they may determine, one of their number, who shall 
hold his office for the term of two years, one for four years and one for 
six years, so that one shall be elected every two years. But no two of said 
commissioners shall be elected from the same magisterial district. And 
if two or more persons residing in the same district shall receive the 
greater number of votes cast at any election, then only the one of such 
persons receiving 1he highest number shall be declared elected, and the 
person. living in another district who shall receive the next highest num- 
ber of voles shall be declared elected. Said commissioners shall annually 
elect one of their number as president, and each shall receive two dollars 
per day for his services in court, .to be paid out of the countv treasury.-— 
W. Va, (1872), Art. 8. 

Sec. 24. The county courts, through their clerks, shall have the 
custody of all deeds and other papers presented for record in their coun- 
1ies. and the same shall be preserved therein, or otherwise disposed of, 
as now is or may be prescribed by law. They shall have jurisdiction in 
all matters of probate, the appointment and qualification of personal 
representatives, guardians, committees, curators, and the settlement of 
their accounts, and in' all matters relating to apprentices. They shall 
also, under such regulations as may be prescribed by law, have the super- 
intendence and administration of the internal and police and fiscal 
affairs of their counties, including the establishment and regulation of 
roads, ways, bridges, public landings, ferries and mills, with authority 
to lay and disburse the county levies: Provided, That no license for the 
sale of intoxicating liquors in any incorporated city, town or village, 
shall be granted without the consent of the municipal authorities thereof, 
first had and obtained. They shall, in all cases of contest, judge of the 
election, qualification and returns of their own members, and of all 
county and district officers, subject to such regulations, by appeal or 
otherwise, as may be prescribed by law. Such courts may exercise such 
other powers, and perform such other duties, not of a judicial nature, as 
may be prescribed by law. And provision may be made, under such 
regulations as may be prescribed by law, for the probate of wills and 
for the appointment and qualification of personal representatives, guard- 
ians, committees and curators during the recesses of the regular sessions 
of the county court. Such tribunals as have been heretofore established 
by the legislature under and by virtue of the thirty-fourth section of the 
eighth article of the constitution of one thousand eight hundred and 
seventy-two for police and fiscal purposes, shall, until otherwise pro- 
vided by law, remain and continue as at present constituted in the coun- 
ties in which they have been respectively established, and shall be and 
act as to police and fiscal matters in lieu of the county court created by 
this article until otherwise provided by law. And, until otherwise pro- 
vided by law, such clerk as is mentioned in the twenty-sixth section of 
this article, shall exercise any powers and discharge any duties heretofore 
conferred on, or required of, any court or tribunal established for judicial 
purposes under the said article and section of the constitution of one 
thousand eight hundred and seventy-two, or the clerk of such court or 
tribunal respectively, respecting the recording and preservation of deeds 
and other papers presented for record, matters of probate, the appoint- 



22 

jiK'iii and qualification of personal representatives, guardians, commit- 
tees, curators and the settlement of their accounts, and in all matters 
relating to apprentices; — W. Va. (1872), Art. 8. 

Sec. 25. All actions, sniis and proceedings qo1 embraced in the next 
preceding section, pending in a county courl when this article lakes 
effect, together with the records and papers pertaining thereto, as well 
as all records and papers pertaining to such actions, sniis and proceed- 
ings, as have already been disposed of by said courts, shall be transmitted 
to and tiled with the clerk of the circuit courl of the county, to which 
office all process outstanding at the time this article goes into operation 
shall he returned; and said clerk shall have the same power and shall 
perform the same duties in relation to such records, papers and pro- 
ceedings as were vested in and required of the county court on the day 
before this article shall take effect. All such actions, suits and proceed- 
ings so pending as aforesaid, shall be docketed, proceeded in. tried, heard 
and determined in all respects by the circuit court, as if such suits and 
proceedings had originated in said court. — W. Va. (1872), Art. 8. 

Sec. 26. The voters of each county shall elect a clerk of the county 
court, whose term of office shall be six years. Mis duties and compen- 
sations and the manner of his removal shall be prescribed by law. But 
the clerks of said courts, now in office, shall remain therein for the term 
for which they have been elected, unless sooner removed therefrom, in the 
manner prescribed by law. — W. Va. (1872), Art. S. 

Sec. 2'.). The legislature shall, upon the application of any comity, 
reform, alter or modify the county court established by this article in 
such comity, and in lieu thereof, with the assent of a majority of the 
\ oters of such comity voting at an election create another tribunal for the 
transaction of the business required to be performed by the county court 
created by this article; and in such case all the provisions of this article 
in relation to the comity court shall be applicable to the tribunal estab- 
lished in lien of said court. And when such tribunal has been established 
it shall continue to ad in lien of the county court until otherwise pro- 
vided by law.— 11*. Va. (1872), Art. 8. 



conns OP SPECIAL sessions. 

Sec. 23. Courts of special sessions shall have such jurisdiction of 

offenses of the grade of misdemeanors as may be prescribed by law. — - 
\. ) . i L894), Art. 6. 



CORPORATION COURTS. 

Sec. iis. For the purposes of a judicial system, the cities of the state 
shall be divided into two (lasses. All cities shall belong to the tirst 
class which contain, as shown by the last United States census or other 
census provided by law. ten thousand inhabitants or more, and all cities 
shall belong to the second class which contain, as thus shown, less than 



ten thousand inhabitants. In cadi city of the flrsl class, there shall be, 

in addition To the circuit court, a corporation court. In any city contain- 
ing thirty thousand inhabitants or more, the general assembly may pro- 
vide for such additional courts as the public interest may require, and in 
every such city the city courts, as they now exist, shall continue until 
otherwise provided by law. In every city of the second class, the corpor- 
ation or hustings court existing, at the time this constitution goes into 
effect, shall continue hereafter under the name of the corporation court 
of such city; but it may be abolished by a vote of a majority of the quali- 
fied electors of such city, at an election held for the purpose, and when- 
ever the office of judge of a corporation or hustings court of a city of the 
second class, whose salary is less than eight hundred dollars, shall be- 
come and remain vacant for ninety days consecutively, such court shall 
thereby cease to exist. In case of the abolition of the corporation or 
hustings court of any city of the second class, such city shall thereupon 
come in every respect within the jurisdiction of the circuit court of the 
county wherein it is situated, until otherwise provided by law, and the 
records of such corporation or hustings court shall thereupon become a 
part of the records of such circuit court, and be transferred thereto, and 
remain therein until otherwise provided by law ; and during the exist- 
ence of the corporation or hustings court, the circuit court of the county 
in which such city is situated, shall have concurrent jurisdiction Avith 
said corporation or hustings court in all actions at law and suits in 
equity.— TV/. (1902), Art. 6. 

Sec. 99. For each city court of record a judge shall be chosen by the 
joint vote of the two houses of the general assembly. He shall, when 
chosen, possess the same qualifications as judges of the supreme court of 
appeals, and during his continuance in office shall reside within the juris- 
diction of the court over which he presides ; but the judge of the corpor- 
ation court of any corporation having a city charter, and less than five 
thousand inhabitants, may reside outside its corporate limits; and the 
same person may be judge of such corporation court and judge of the 
corporation court of some other city having less than ten thousand in- 
habitants. At the first election of said judges under this constitution, 
the general assembly shall elect, as nearly as practicable, one-fourth of 
the entire number for terms of two years, one-fourth for four years, one- 
fourth for six years, and the remaining fourth for eight years; and 
thereafter they shall be elected for terms of eight years. The judges of 
city courts in cities of the first class may be required or authorized to 
hold the circuit courts of anv countv and the circuit courts of anv city. — ■ 
Va. (1902). Art. 6. 



BALTIMORE CITY COURTS. 

Sec. 27. There shall be in the eighth judicial circuit six courts, to be 
styled the supreme bench of Baltimore city, the superior court of Balti- 
more city, the court of common pleas, the Baltimore city court, the cir- 
cuit court of Baltimore city and the criminal court of Baltimore. — Md. 
(1867), Art. 4. 



24 

Sec. 28. The superior court of Baltimore city, the court of common 
pleas, and the Baltimore city courl shall each have concurrent jurisdic- 
tion in all civil common law cases, and concurrently all the jurisdiction 
which the superior courl of Baltimore city and the court of common 
pleas now have, excepl jurisdiction in equity, and excepl in applications 
for tin' benefil of the insolvenl laws of .Maryland, and in cases of appeal 
from judgments of jusl ices or the peace in said city, whether civil or crim- 
inal, or arising under the ordinances of the mayor and city council of 
Baltimore, of all of which appeal cases the Baltimore city court shall 
have exclusive jurisdiction; and the s,,id court of common pleas shall 
have exclusive jurisdiction in all applications for the benefil of the in- 
solvenl lays of Maryland, and the supervision and control of the trustees 
thereof. 

Sec. 29. The circuit court of Baltimore city shall have exclusive juris- 
diction in equity within the limits of said city, and all such jurisdiction 
as the present circuit court of Baltimore city has: Provided, The said 
court shall not have jurisdiction in applications for the writ of habeas 
corpus in cases of persons charged with criminal offenses. t 

Sec. 30. The criminal court: of Baltimore shall have and exercise all 
the jurisdiction now- held and exercised by the criminal court of Balti- 
more, excepl in such appeal cases as are herein assigned to the Baltimore 
ci1 v court. 

Sec. 31. There shall be elected by the legal and qualified voters of 
said city, at the election, hereinbefore provided for. one chief judge and 
four associate judges, who, together, shall constitute the supreme bench 
of Baltimore city, and shall hold their offices for the term of fifteen years, 
subject to the provisions of this constitution with regard to the election 
and' qualifications of judges and their removal from office, and shall exer- 
cise the jurisdiction, hereinafter specified, and shall each receive an an- 
nual salary of four thousand five hundred dollars, payable quarterly. 
which shall not he diminished during their term of office; but authority 
is hereby given to the mayor and city council of Baltimore to pay to 
each of the said judges an annual addition of live hundred dollars to 
their respective salaries: Provided, That the same being once -ranted 
shall not be diminished nor increased during the continuance of said 
judges in office. 

Sec. 32. It shall be the duty of the said supreme bench of Baltimore 
cilv. as soon as the judges thereof shall be elected and duh qualified, 
and from time to time to provide for the holding of each of the afore- 
said courts, by the assignment of one or more of their number to each 
of the said courts, who may sit either separately or together in the trial 
Of cases; and the said supreme bench of Baltimore city may. from lime 
h, time, change the said assignment, as circumstances may require, and 
the public interest may demand; and the judge or judges, so assigned to 
the said several courts, shall, when holding the same, have all the powers 
and exercise all the jurisdiction which may belong to the court so being 
held; and it shall also he the duty of the said supreme bench of Balti- 
more City, in case of the sickness, absence or disability of any judge or 
judges assigned as aforesaid, to provide for the hearing of the cases, or 
transaction of the business assigned to said judge or judges, as aforesaid. 

before some one or more of the judges of said court. 

Sec :;:;. The said supreme bench of Baltimore city shall have power, 



25 

and ii shall be its duty, to provide for the holding of as ninny general 
terms as the performance of its duties may require, such general terms 

to be held by not loss than three judges; to make all needful rules and 
regulations for the conduct of business in each of the said courts, dur- 
ing the session 'thereof, and in vacation, or in chambers, before any of 
said judges; and shall also have jurisdiction to hear and determine all 
motions for a. new trial in cases tried in any of said courts, where such 
motions arise cither, on questions of fact, or for misdirection upon any 
matters of law. and all motions in arrest of judgment, or upon any mat- 
ters of law determined by the said judge, or judges, while holding said 
several courts; and the said supreme bench of Baltimore city shall make 
all needful rules and regulations for the hearing before it of all said mat- 
ters ; and the same right of appeal to the court of appeals shall be al- 
lowed from the determination of the said court on such matters, as 
would have been the right of the parties if said matters had been decided 
by the court in which said cases were tried. 

The judge, before whom any case may hereafter be tried, in either 
the Baltimore city court, the superior court of Baltimore city, or the 
court of common pleas, shall have exclusive jurisdiction to hear and 
determine, and the said judge shall hear and determine all motions for a 
new trial where such motions arise, either on questions of fact or for 
misdirection upon any matters of law, and all motions in arrest of 
judgment, or upon any matters of law, determined by the said judge, and 
all such motions shall be heard and determined within thirty days after 
they are made. 

Sec. 34. No appeal shall lie to the supreme bench of Baltimore city 
from the decision of the judge or the judges holding the Baltimore city 
court in case of appeal from a justice of the peace; but the decision by 
said judge or judges shall be final; and all writs and other process issued 
out of either of said courts, requiring attestation, shall be attested in the 
name of the chief judge of the said supreme bench of Baltimore city. 

Sec. 35. Three of the judges of said supreme bench of Baltimore city 
shall constitute a quorum of said court. 

Sec. 3G. All causes depending, at the adoption of this constitution, in 
the superior court of Baltimore city, the court of common pleas, the 
criminal court of Baltimore, and the circuit court of Baltimore city, 
shall be proceeded in, and prosecuted to final judgment or decree, in the 
courts, respectively, of the same name established by this constitution, 
except cases belonging to that class, jurisdiction over which is by this: 
constitution transferred to the Baltimore city court, all of which shall,, 
together with all cases now pending in the city court of Baltimore, be 
proceeded in and prosecuted to final judgment in said Baltimore city 
court. 

Sec. 37. There shall be a clerk of each of the said courts of Baltimore 
city, except the supreme bench, who shall be elected by the legal and 
qualified voters of said city, at the election to be held in said city on the 
Tuesday next after the first Monday of November, in the year nineteen 
hundred and sixty sexen, and shall hold his office for six years from the 
time of his election, and until his successor is elected and qualified, and 
be re-eligible thereto, subject to be removed for wilful neglect of duty or 
other misdemeanor in office, on conviction in a court of law. The salary of 
each of the said clerks shall be thirty-five hundred dollars a year, pay- 
4— Jud. Dept, 



26 

able only oul of the fees and receipts collected by the clerks of said city, 
and they shall be entitled i<> no other perquisites or compensation. In 
case <»!' a vacancy in the office of clerk of any of said conns, the judges 
of said supreme bench of Baltimore city shall have power to till such 
vacancy until the genera] election of delegates to the general assembly 
to be held ncxl I hereafter, when a clerk of said conrt shall be elected 
to serve for six years thereafter; and the provisions of this article in 
relation to the appointment of deputies by the clerks of the circuit 
courts in the connlies shall apply to the clerks of the courts in Baltimore 
city. 

Sec. 38. The clerk of the conrt of common pleas shall have authority 
to issue within said city all marriage and other licenses required by law, 
subject to such provisions as are now or may be prescribed by law. The 
clerk of the superior conrt of said city shall receive and record all deeds, 
conveyances and other papers, which are or may be required by law to 
be recorded in said city. lie shall also have custody of all papers con- 
nected with the proceedings on the law or equity side of Baltimore 
county conrt and the dockets thereof, so far. as the same have relation to 
the city of Baltimore, and shall also discharge the duties of clerk to the 
supreme bench of Baltimore city unless otherwise provided by law. 

Sec. 39. The genera] assembly shall, as often as it may think the same 
proper and expedient, provide by law for the election of an additional 
judge of the supreme bench of Baltimore city, and whenever provision 
is so made by the general assembly, there shall be elected by the voters 
ot said city another judge <»f tin 1 supreme bench of Baltimore city, who 
shall be subject to the same constitutional provisions, hold his office for 
the same term of years, receive the same compensation, and have the 
same powers as are. or shall be, provided by the constitution or laws of 
iliis state, for the judges of said supreme bench of Baltimore city, and the 
general assembly may provide by laws, or the supreme bench by its rules 
for requiring causes in any of the courts of Baltimore city to be tried 
before the conrt without a jury, unless the litigants or some one of them 
shall within such reasonable time or limes as may be prescribed, elect 
to have their causes tried before a jury. And the genera] assembly may 
reapportion, change or enlarge the jurisdiction of the several courts in 
said city. 

Sec. 40. The qualified voters of the city of Baltimore, and of the 
several counties, shall on the Tuesday next alter the firsl Monday in 
November next, and on the same day in vxvvy fourth year thereafter, 
elect I luce men to be judges of the orphans' courts of said city and 
counties, respectively, who shall be citizens of the state, and residents 
for the twelve months preceding, in the city, or county, for which they 
may be elected. They shall have all the powers now vested in the 
orphans' courts of the state, subject to snch changes as the legislature 
may prescribe. Each of said judges shall be paid a per diem for the 
time they are actually in session, to be regulated by law, and to be paid 
b\ the said city, or counties, respectively. In case of a vacancy in the 
office of judge of the orphans' court, the governor shall appoint, subject 
to confirmation or rejection by the senate, some suitable persons to till 
the same for the residue of the term. 



ST. LOUIS COURT OF APPEALS. 

Sec. li*. There is hereby established in the city of St. Louis an appel- 
late court, to be known as the "St. Louis court of appeals," the jurisdic- 
tion of which shall be co-extensive with the city of St. Louis and the 
counties of St. Louis. St. Charles, Lincoln and Warren. Said court 
shall have power to issue writs of habeas corpus, puo warranto, man- 
damus, certiorari, and other original remedial writs, and to hear and 
determine the same ; and shall have a superintending control over all 
inferior courts of record in said counties. Appeals shall lie from the 
decisions of the St. Louis court of appeals to the supreme court, and 
writs of error may issue from the supreme court to said court in the fol- 
lowing cases only: In all cases where the amount in dispute, exclusive 
of costs, exceeds the sum of two thousand five hundred dollars; in cases 
involving the construction of the constitution of the United States or 
of this state; in cases where the validity of a treaty or statute of or 
authority exercised under the United States is drawn in question; in 
cases involving the construction of the revenue laws of this state, or the 
title to any office under this state ; in cases involving title to real estate ; 
in cases where a county or other political subdivision of the state or 
any state officer is a partv, and in all cases of felony. — Mo. (1875), 
Art. 6. 

Sec. 13. The St. Louis court of appeals shall consist of three judges, 
to be elected by the qualified voters of the city of St. Louis, and the 
counties of St. Louis, St. Charles, Lincoln and Warren, who shall hold 
their offices for the period of twelve years. They shall be residents of the 
district composed of said counties, shall possess the same qualifications 
as judges of the supreme court, and each shall receive the same com- 
pensation as is now or may be provided by law for the judges of the 
circuit court of St. Louis county, and be paid from the same sources: 
Provided, That each of said counties shall pay its proportional part of 
the same, according to its taxable property. 

Sec. 14. The judges of said court shall be conservators of the peace 
throughout said counties. Any two of said judges shall constitute a 
quorum. There shall be two terms of said court to be held each year, on 
the first Mondays of March and October, and the first term of said court 
shall be held r>n the first Monday in January, 1876. 

Sec. 15. The opinions of said court shall be in writing, and shall 
be filed in the cases in which they shall be respectively made, and be- 
come parts of their record; and all laws relating to the practice in the 
supreme court shall apply to this court, so far as the same may be 
applicable. 

Sec. 16. At the first general election held in said city and counties 
after the adoption of this constitution, three judges of said court shall 
be elected, who shall determine by lot the duration of their several 
terms of office, which shall be respectively four, eight and twelve years, 
and certify the result to the secretary of state; and every four years 
thereafter one judge of said court shall be elected to hold office for the 
term of twelve years. The term of office of such judges shall begin on the 
first Monday in January next ensuing their election. The judge having 
the oldest license to practice law in this state shall be the presiding judge 
of said court. 



28 

Sec. 17. Upon the adoption of this constitution the governor shall 
appoinl three judges for said court, who shall hold their offices until 
the first Monday of January, eighteen hundred and seventy-seven, and 
until their successors shall be duly qualified. — Mo. (1875), Art. 6. 

Sec. 18. The clerk of the supreme court at St. Louis shall be the 
clerk of the St. Louis court of appeals until the expiration of the term 
for which he was appointed clerk of the supreme court, and until his 
successor shall be duly qualified. — Mo. (1875), Art. 6. 

Sec. 1!). Ail cases which may be pending in the supreme court ai Si. 
Louis :ii the time of the adoption of this constitution, which by its terms 
would come within the final appellate jurisdiction of the St. Louis conn 
of appeals, shall he certified and transferred to the St. Louis couri of 
appeals, to Ik 1 heard and determined by said court. 

Sec. 20. All cases coming to said court by appeal, or writ of error, 
shall be triable at the expiration of fifteen days from the filing of the 
transcript in the office of the clerk of said court. 

Sec. '21. The circuit court of St. Louis county shall be composed of 
five judges, and such additional number as the general assembly may 
from time to ;ime provide. Each of said judges shall sit separately 
for the trial of causes and the transaction of business in special term. 
The judges of said circuit court may sit in general term, for the purpose 
of making rules of court, and for the transaction of such other business 
as may be provided by law, at such time as they may determine, but shall 
have no power to review any order, decision or proceeding of the court 
in special term. The SI. Louis court of appeals shall have exclusive 
jurisdiction of all appeals from and writs of error to the circuit courts 
of St. Charles, Lincoln and Warren counties, and the circuit court of 
St. Louis county, in special term, and all courts of record having criminal 
jurisdiction in said counties. 

Sec. 1. [Amdt.] The jurisdiction of the St. Louis court of appeals 
is hereby extended so as to be co-extensive with the counties of Monroe, 
Shelby. Knox. Scotland, Clark, Lewis. Marion, Halls, Pike, Lincoln, 
Warren, St. Charles, St. Louis. Jefferson, Ste. Genevieve, Perry, Cape 
Girardeau, Scott. Mississippi, New .Madrid. Pemiscot, Dunklin, Stod- 
dard. Wayne. Bollinger, Madison, St. Francois, Washington, Franklin, 
Crawford, I ton. Reynolds, Carter, Put ha-. Ripley, Oregon, Shannon, 
Dent. Phelps, Pulaski. Texas, Howell, Ozark, Douglas, Wright, Laclede, 
Webster, Christian, Taney, Stone, Greene, Lawrence, Barry, Newton and 
McDonald, as well as the city of St. Louis; and each judge thereof, when 
hereafter elected, shall be elected by the qualified voters of the counties 
and of the city under the jurisdiction of said court, and shall be a resi- 
dent of the said territorial appellate district. 



KANSAS ci TV COURT OP APPEALS. 

Sec. 2. There is hereby established at Kansas City an appellate court, 
jo be known as the Kansas City couri of appeals, the jurisdiction of 
which shall be co-extensive with all the counties in the state except 
those embraced in the jurisdiction of the St. Louis court of appeals. 
There shall be held in each vear two terms of said Kansas City court of 



29 

appeals, one on the first Monday of March and one oii the first Monday 
of October. The Kansas City court of appeals shall consist of three 
judges, who shall be elected by the qualified voters of the counties under 
the jurisdiction of said court, and shall be residents of said territorial 
appellate district. — Mo. (1875), Amdt. 

Sec. 3. The general assembly shall have power by law to create one 
additional court of appeals, with a new district therefor; to change the 
limits of the appellate districts, and the names of the courts of appeals, 
designating the districts by numbers or otherwise; to change the time 
of holding the terms of said courts; to increase or diminish the pecuniary 
limit of the jurisdiction of the courts of appeals; to provide for the 
transfer of cases from one court of appeals to another court of appeals; 
to provide for the transfer of cases from a court of appeals to the su- 
preme court, and to provide for the hearing and determination of such 
cases by the courts to which they may be transferred. 

Sec. 4. The first term of said Kansas City court of appeals shall be 
held on the first Monday of March in the year 1885, and the first judges 
thereof shall, upon the adoption of this amendment, be appointed by the 
governor of said state for the term of four years each, beginning on the 
first day of January, 1S85, and at the general election in the year 1888, 
the first election for the judges of said court shall be held, and the pro- 
visions of the constitution of the state concerning the organization, the 
judges, the powers, the jurisdiction and proceedings of the St. Louis 
court of appeals as herein amended, shall in all appropriate respects 
apply to the Kansas City court of appeals, and to such additional court 
of appeals as may be by law created. 

Sec. 6. When any one of said courts of appeals shall in. any cause 
or proceeding render a decision which any one of the judges therein 
sitting shall deem contrary to any previous decision of any one of said 
courts of appeals, or of the supreme court, the said court of appeals 
must, of its own motion, pending the same term and not afterward, 
certify and transfer said cause or proceeding and the original transcript 
therein to the supreme court, and thereupon the supreme court must 
rehear and determine said cause or proceeding, as in case of jurisdiction 
obtained by ordinary appellate process; and the last previous rulings of 
the supreme court on any question of law or equity shall, in all cases, 
be controlling authority in said courts of appeals. 

Sec. 7. All cases which may be pending in the supreme court at the 
time of the adoption of this amendment, which have not been submitted, 
and which by its terms would come within the territorial appellate 
jurisdiction of the Kansas City court of appeals, shall be certified and 
transferred to such court to be heard and determined by it. 

Sec. 9. The state shall provide a suitable court room at Kansas City, 
in which the Kansas City court of appeals shall hold its sessions; also a 
clerk's office and furnished offices for the judges. 

Sec. 10. The judges of the Kansas City court of appeals, and of such 
additional court of appeals as may be created by law, shall each annually 
receive a salary of three thousand five hundred dollars per annum, which, 
together with the entire salaries of the judges of the St. Louis court of 
appeals, shall be paid out of the state treasury, as the salaries of the 
judges of the supreme court are now paid, unless otherwise provided 
bv law. 



30 

COURTS FOR THE PARISH OP ORLEANS, AND CITY OF NEW ORLEANS. 

Art. L30. Excepl as herein otherwise provided, the judicial officers 
of the parish of Orleans, and of the city of New Orleans, shall be learned 
in the law, and shall have resided and practiced law or shall have held 
judicial positions in this stale for five years, and shall have been actual 
residents of the city of New Orleans for ai leasl two years next preced- 
ing their election or appointment. — La. (1898). 

Art. 131. There shall be a courl of appeal, to be known and desig- 
nated as the court of appeal for the parish of Orleans, which shall be 
composed of three judges, who shall be learned in the law and who shall 
have practiced law in this state for six years, and shall have been resi- 
dents of one of the parishes hereinafter named for at least two years 
next preceding their election or appointment, and they shall be elected 
by the qualified electors of the said parishes. Said court shall sit in the 
city of New Orleans, and shall hold its session from the second Monday 
of October until the end of the month of June in each year. Said court, 
until the first day of August, 1900, shall be composed of the present 
judges thereof, and a third judge, who shall be elected by the qualified 
voters of the parish of Orleans, at the congressional election in the year 
1898, and who shall serve in said court until the 1st of August, 1900. 
His successor shall be elected for a term of eight years from that date, 
at the general state election of 1900. On August 1. 11)00, the [judge] 
of the court of appeal for the fifth circuit, as established under the 
constitution of 1879, who was elected in tin 1 year 1896, shall become a 
member of the court of appeal lor the parish of Orleans, and together 
with the judge of that court elected in 1896, shall serve until the election 
of their successors at the congressional election of 1904. At that election 
one judge of said court shall be elected for a term of six years, and one 
for a term of eight years, and thereafter all elections for judges of said 
court shall be for terms of eight years. 

Vacancies occasioned by death, resignation, or otherwise, shall be 
filled for the unexpired terms by appointment by the governor, with the 
advice and consent of the senate. 

The judges of said court shall each receive a salary of lour thousand 
dollars per annum, payable monthly on his own warrant. 

Alter August 1. 1000. in addition to those from the parish of Orleans, 
all appeals within its jurisdiction from the parishes of Jefferson, St. 
Charles, Plaquemines, and St. Bernard, shall be returnable to said 
court, and the costs Of tiling same shall not exceed five dollars in each 
case. 

All cases pending and undetermined on said date in the courts of 
appeal as now constituted, from said parishes, shall be transferred to 
said court of appeal for the parish of Orleans without cost to the 
pari ies. 

There shall be a clerk of said court of appeal, who shall be elected by 
the qualified voters of said parishes for a term of four years; he shall 
be entitled to charge and retain as his compensation such fees as may 
be allowed by law. The first election for said clerk shall be held in the 
year 1899, at the time the parochial ami municipal elections are held in 
the city of New Orleans; said clerk shall appoint, if necessary, deputy 



31 

clerks, and shall fix and pay their salaries; he shall give bond in the 
sum of five thousand dollars, which bond shall be examined in open 
court by the judges of the court, and all testimony given in said examin- 
ation shall be reduced to writing and made of record; he may be 
removed by the court for the same causes and in the same manner as is 
hereinafter provided for the clerk of the civil district court for the 
parish of Orleans; he may act as minute clerk of the court, or appoint 
a deputy to that position. 

Said court of appeal for the parish of Orleans shall hereafter have 
appellate jurisdiction from the city courts of New Orleans as now 
constituted, under the same conditions as hereinafter provided for 
appeals from the city courts to be organized under this constitution. 

Art. 132. There shall be two district courts for the parish of Orleans, 
and no more. One of said courts shall be known as the civil district 
court, and the other as the criminal district court. For the civil dis- 
trict court there shall be not less than five judges, and for the criminal 
district court not less than two judges, who shall be elected by a plur- 
ality of the qualified electors of the parish of Orleans for the term of 
twelve years, and who shall each receive an annual salary of four thou- 
sand dollars, payable upon his own warrant, in equal monthly instal- 
ments. 

Art. 133. The civil district court shall have exclusive and general 
original probate jurisdiction, and exclusive original civil jurisdiction, 
in all cases where the amount in dispute or the fund to be distributed, 
shall exceed one hundred dollars, exclusive of interest; and exclusive 
jurisdiction in suits by married women for separation of property, in 
suits for separation from bed and board, for divorce, for nullity of 
marriage; or for interdiction, and in suits involving title to immovable 
property, or to office or other public position, or civil or political rights ; 
and in all other cases, except as hereinafter provided, where no specific 
amount is in contest, and of all proceedings for the appointment of re- 
ceivers or liquidators to corporations or partnerships. And said court 
shall have authority to issue all such writs, process and orders as may 
. be necessary or proper for the purposes of the jurisdiction herein con- 
ferred upon it. 

Art. 134. All cases after being filed in said civil district court shall 
be allotted or assigned, among the judges thereof, and, except as herein 
otherwise provided, each judge, or his successor, shall have exclusive 
control over every case allotted or assigned to him, from its inception 
to its final determination in said court. In case of vacancy in the office, 
recusation, absence or disability of a judge to whom a case has been 
allotted or assigned, or in case such action is deemed advisable in the 
proper administration of justice, or of the business of the court, such 
case may be re-allotted or re-assigned, or without such re-allottment or 
re-assignment, but, under rules to be adopted, it may be taken in charge 
by another judge of said court, and the judge to whom a case is thus 
re-allotted or re-assigned, or by whom it is thus taken in charge, shall 
be authorized to act therein for all .purposes as though such case had 
been originally allotted or assigned to him. Previous to the allotment 
or assignment of a case, any judge of said court may, for the purposes 
of such case, make interlocutory orders, and issue and grant conservatory 



32 

writs and executory process. Applications for naturalization, for eman- 
cipation, ami 1».\ married women for authorization, when there is consent 
giver and qo issue joined, or where there is no contest, suits for nullity. 
and Tor revival of judgment, and suits in which is claimed an interest 
in property or funds as to which a particular judge has acquired juris- 
diction, need not be allotted or especially assigned, bul shall be con- 
trolled by law or by rules to be adopted by the court. 

Art. L35. Judgments homologating accounts, which have been duly 
advertised, when not opposed, or so far as not opposed, may be rendered 
and signed either in term time or vacation: and by any judge, in the 
absence or disability of the judge to whom the case has been allotted. 

Art. L36. The judges of said civil district court shall lie authorized 
lo adopl rules, not in conllict with law, regulating the allotment, assign- 
ment and disposition of cases, the order in which they shall be tried, and 
the proceedings in such trials, and to sit en banc tor the purpose of 
testing the bonds and sureties of the clerk of the court, the recorder 
of mortgages, the register of conveyances, and the civil sheriff; tor the 
trial and removal of the clerk and civil sheriff, or either of them, for 
the selection of jurors, and in other cases when the action of the court 
as a whole is required. When sitting en banc the judge who has been 
longest in continuous service in said court, and in his absence the judge 
longest in service of those present, shall preside; and when 
a certificate of authentication from the 4 court is required such judge shall 
be authorized to sign the same as presiding judge. The court may. by its 
rules, grant the presiding judge further authority not in conllict with 
these provisions: Provided, That in rendering judgments en banc, tin 1 
courl shall conform, as tar as practicable, to the rules and practice of 
the supreme court. 

Art. 137. There shall be one clerk tor the civil district court, who, 
until Hie election ami induction into office of the clerk of the court of 
appeal, provided for in article 131, shall be ex-officio clerk of the court 
of appeal for the parish of Orleans, and shall be elected by the voters 
of said parish for the term of four years. His qualifications and duties, 
except as herein provided, shall be as tixed by law; he shall furnish bond 
in the sum of twenty thousand dollars, which bond shall Ik 1 examined by 
the court, and all testimony given in such, examination shall be reduced 
to writing and filed of record in the court. Be shall charge and collect 
the fees prescribed by the general assembly, and shall dispose of the 
same as hereinafter provided; the amount of his compensation shall be 
three thousand six hundred dollars per annum. 

Said clerk shall be authorized, with the approval of the judges of the 
civil district court, to appoint such deputies and other assistants, at 
salaries not to exceed those now fixed by law, as in the opinion of said 
judges are needed tor the efficient discharge of the duties of his office; 
and lie may remove them a.t pleasure, or the conn may remove them. 
Tin courl of appeal for the parish of Orleans, until alter the election 
of the clerk thereof, as hereinbefore provided, and each judge of the civil 
districl COUrl shall appoint one minute clerk, who shall be sworn as 
deputy clerk, and shall receive an annual salary of eighteen hundred 
irs in equal monthly installments; and the said court of appeal, 
until said election, shall also have the right to appoint one docket clerk. 

The minute clerk appointed by the judge of the civil district court 



33 

longest in continuous service in said court, as hereinabove provided, 
shall be ex-offieio minute clerk of the court when sitting en banc, and 
shall receive, as additional compensation, three hundred dollars per 
annum, which shall be paid in like manner as his other compensation. 
The clerk of the civil district court shall be removable by the judges of 
said court, sitting en banc, upon proof, after trial, without a jury, of 
gross or continued neglect, incompetency, or unlawful conduct, oper- 
ating injury to the court or to any individual, and a majority of said 
judges shall be competent to render judgment in the case. Such trial 
and the lodging of complaints leading thereto, shall be regulated by 
rules which shall be adopted by the judges of the civil district court 
and of the criminal district court in joint session. 

Art. 138. The civil district court shall select a solvent, incorporated 
bank in Xew Orleans as a judicial depository, in which, unless otherwise 
ordered by the court, shall be deposited all money as soon as the same 
shall come into the hands of the clerk or sheriff, and such deposits 
shall not be removed in whole or in part without an order from the 
Judge seized with jurisdiction. 

Art. 139. The criminal district court shall have exclusive original 
jurisdiction for the trial and punishment of all offenses when the penalty 
of death, imprisonment at hard labor, or imprisonment without hard 
labor for any time exceeding six months, or a fine exceeding three hun- 
dred dollars may be imposed, and appellate jurisdiction in all cases tried 
before the city criminal courts, or recorders' courts of Xew Orleans, 
which cases shall be appealable on the law and the facts, and shall be 
tried on the record and the evidence as made and offered in the lower 
court: Provided, That until the general assembly shall enact a law 
grading offenses, said court shall have general criminal jurisdiction ex- 
tending to all cases arising in the parish of Orleans, the jurisdiction of 
wmich is not vested by law or by this constitution in some other court. 
Said court shall have general and supervisory jurisdiction over all in- 
ferior state and municipal criminal courts in the parish of Orleans, and 
shall have authority to issue writs of habeas corpus, in criminal and 
quasi-criminal cases, and such other writs and orders as may be neces- 
sary or proper in aid of the jurisdiction conferred upon it; and to 
adopt rules not in conflict with law, regulating the order of preference, 
and proceedings in the trial of cases, and the method of allotting or as- 
signing such cases, and of re-allotting and re-assigning them, in case 
of vacancy in the office, recusation, absence or disability of one or more 
of the judges, or in case such action is deemed necessary for the proper 
administration of justice. All prosecutions instituted in, and all cases 
appealed to said criminal district court shall be equally allotted or as- 
signed by classes among the judges, and each judge, or his successor, 
shall have exclusive control over any case allotted or assigned to him, 
from its inception to its final determination in said court, except as 
herein otherwise provided. 

There shall be one clerk for the criminal district court, who shall be 
elected by the voters of the parish of Orleans, for the term of four years. 
His qualifications and duties, except as herein provided, shall be as 
fixed by law. He shall furnish bond in the sum of ten thousand dollars, 
which bond shall be examined by the court, in like manner as the bond 
of the clerk of the civil district court. He shall receive an annual salary 
5 — Jud. Dept. 



of throe thousand dollars, which shall be paid by the city of New Or- 
leans, in equal monthly instalments, and he shall receive no other com- 
pensation. He shall appoint, with the approval of the court, such 
deputies, at such salaries, as may be fixed by law. Said deputies may 
be removed a1 the pleasure of the clerk of the court, and their salaries 
shall be paid by the city of New oilcans. 

Each judge of said court shall appoint a minute clerk, who shall be 
sworn as a deputy clerk, and shall receive an annual salary of eighteen 
hundred dollars, which shall be paid by the city of New Orleans, in the 
same manner as the salary of the clerk. One of the said minute clerks. 
to be designated by the judge longest in continuous service in said court, 
shall he ex-officio minute clerk of said court when sitting en banc, and 
shall receive, as additional compensation, three hundred dollars per an- 
num, which shall be paid in like manner as his other compensation, 
The said clerk shall be removable by the judges of the criminal district 
court for the causes, and in the manner prescribed for the removal of the 
clerk of the civil district court. 

Art. 140. There shall be in the city of New Orleans two inferior 
criminal courts, to be know r n respectively as the first city criminal court 
and the second [city] criminal court, each of which shall be presided 
over by one judge, and which shall have jurisdiction within the terri- 
tory hereinafter prescribed, for the trial and punishment, without juries, 
and subject to appeal to the criminal district court, of all offenses against 
the state where the penalty does not exceed six months' imprisonment 
in the parish jail, or a fine of three hundred dollars, or both; in all other 
cases the judges of said courts shall have jurisdiction as committing 
magistrates, with authority to bail or discharge. 

The territorial jurisdiction of the first city criminal court shall extend 
over the first, fourth, sixth and seventh municipal districts of the city 
of New Orleans; and of the second city criminal court, over the second, 
third and fifth municipal districts of said city. 

Said judges shall be elected by the voters of the city of New Orleans, 
at large, for the term of four years; the first election, therefor, shall be 
held at the congressional election in November, L898, and the judges then 
elected shall serve until May 1st, 1000, and their successors shall be 
elected at the parochial and municipal election in the year 1899. They 
shall be learned in the law, and shall have resided and practiced as at- 
torneys in the city of New Orleans for not less than three years before 
their election or appointment. The judges of said courts shall each re- 
ceive a yearly compensation of three thousand dollars, payable monthly 
on his own warrant. Each judge shall appoint a clerk and such deputies 
as may be authorized by law. at salaries not exceeding twelve hundred 
dollars per annum, except one deputy, who shall be a stenographer, and 
who may receive a salary not exceeding fifteen hundred dollars per an- 
num, lo he paid in monthly Instalments, by the city of New Orleans. 

An. I 11. The general assembly shall provide for recorders' courts in 
the city of New Orleans, to be presided over by magistrates, who need 
not be attorneys at law, but such courts shall have no jurisdiction except 
for the trial of offenses against city ordinances. 

Art. L42. There shall be a civil and a criminal sheriff for the parish 
of Orleans, who shall be elected by the voters of said parish for the 



35 

term of lour years. Their qualifications and duties other than as hei 
provided, shall be prescribed by law. Each of said sheriffs shall execute 
an official bond, the civil sheriff in the sum of fifty thousand dollars, and 
the criminal sheriff in the sum of ten thousand dollars; and the bonds of 
said sheriffs respectively shall be examined in open court by the judges 
of the district court which he serves, and all testimony given in such ex- 
amination shall be reduced to writing and made a record in said court. 
The civil sheriff shall be executive officer of all the civil courts in the 
parish of Orleans, except the city courts; and the criminal sheriff shall 
be the executive officer of all the criminal courts in said parish. 

The civil sheriff shall appoint as many deputies as in his opinion are 
needed Tor the efficient discharge of the duties of his office; but after May 
1st, 1000, the court of appeal for the parish of Orleans and each judge 
of the civil district court shall name one deputy to be so appointed, Avho 
shall serve as crier in said court, and in the divisions presided over by 
said judges respectively, and who shall each receive a salary of six 
hundred dollars per annum to be paid by the sheriff. When not engaged 
in court they shall perform such duties as the sheriff may require. 

The civil sheriff shall receive as- compensation such fees as may be 
now or hereafter allowed, by law, and shall pay his deputies and all ex- 
penses of his office. 

The civil sheriff shall pay the sum of two thousand dollars annually 
in quarterly instalments to the city of New Orleans for the fund for 
payment and redemption of judicial fund warrants and certificates here- 
inafter provided for. In cases where the said sheriff is a party in interest 
the criminal sheriff, or one of his deputies shall act. The criminal sheriff 
shall receive an annual salary of three thousand six hundred dollars per 
annum, which shall be paid by the city of New Orleans in equal monthly 
instalments, and he shall receive no other compensation; he shall appoint 
with the approval of the judges of the criminal district court for the 
parish of Orleans, as many deputies as in the opinion of said judges are 
needed for the efficient discharge of the duties of his office and the sal- 
aries of such deputies shall be fixed by the council of the city of New 
Orleans, and paid in like manner as his own. Each judge of said crim- 
inal district (court) shall name one deputy to be so appointed, who 
shall serve as crier in the sections presided over by the judges respec- 
tively, and shall each receive a salary of one thousand dollars per an- 
num. When not engaged in court they shall perform such other duties 
as the sheriff may require. 

The criminal sheriff shall account to and settle with the city of New 
Orleans for all fines and judgments collected by him, without deductions 
of any kind, and all expenses of his office shall be borne by said cor- 
poration. 

Art. 143. There shall be a first city court in New Orleans, composed 
of three judges, each of whom shall receive a salary of twenty-four hun- 
dred dollars per annum, payable monthly on his own warrant. Said 
Court shall have exclusive original jurisdiction when the defendant re- 
sides in that part of the city of New Orleans on the left bank of the 
Mississippi river, in all cases when the amount in dispute or the fund 
to be distributed does not exceed one hundred dollars exclusive of 
interest, including suits for the ownership or possession of movable 
property not exceeding that amount in value ; and suits by landlords for 



36 

possession of leased premises when the monthly or yearly rent, or the 
renl for the unexpired term ol the lease does not exceed thai amount; 
subject to an appeal in all cases to the court of appeal for the parish of 
Orleans Ml appeals shall be tried de novo, and the judges ol the courl 
of appeal may provide by rules thai one or more of the judges shall try 
such cases, which, they shall be authorized to decide immediately after 
trial, and without written opinions. § 

The judges of said court shall have authority to issue marriage Li- 
censes, and celebrate marriages, subject to such conditions as may be 
imposed by law, and to execute commissions to take testimony, and to 
receive therefor the lees all-wed by law; they shall adopt rules not in 
conflict with law for the fixing and trial or eases, and shall sit en banc 
for the purpose ol' examining the bonds of the clerk and constable ol 
said court, and for. the trial and removal of said officers, or either o 
them in which proceedings they shall be governed by the provisions ol 
this constitution as far as they are applicable upon the subject of the 
bond ami of the trial and the removal from office ol the clerk oi the 
civil district court. 

The city of New Orleans shall provide suitable accommodations tor 
said court and cases tiled in said court shall be allotted equally to the 
judges thereof. The pleadings in said court shall be in writing, pre- 
. pared by the litigants, or Their attorneys or by the clerk. 

\i-t 144 There shall be one clerk for said first city court ol New 
Orleans who shall furnish bond in the sum of five thousand dollars; his 
qualifications and duties, except as herein provided, shall be determined 
bv law his salary shall be eighteen hundred dollars per annum pay- 
able monthly. Each judge shall have the appointment of one deputy 
clerk whose' compensation shall not exceed twelve hundred dollars per 
annu m The clerk shall appoint such other deputies as may be author- 
ized bv law, provided that; their total compensation shall at no time 
exceed the sum of eighteen hundred dollars per annum. 

\rt 14" There shall be one constable lor said court, who shall fur- 
nish bond 'in the sum of live thousand dollars, and who shall appoint 
such deputies as may be necessary, and at such salaries as he may lix 
and pay. Said deputies shall be removed at his pleasure, or at the pleas- 
ure Of the court. His compensation shall be the fees of Ins office as now 
or hereafter fixed bv law; he shall furnish and pay one deputy to attend 
the sittings ol' each judge, who shall have the selection of such deputy 
and who, when ao1 engaged in court, shall perform such other duties 
the constable may direct. 
The clerk of the said court and the constable thereol snail be remov- 
able bv the judges of said court sitting en banc, lor the causes, and in 
manner prescribed lor the removal of the clerk of the civil district 
court, conformably to rules to be adopted by said judges, and subject to 
an appeal to the courl of appeal for the parish of Orleans. 

V] . t 1 Hi The judges, Clerk and constable of said court shall be elected 

for the term of four years bv the qualified voters of the city oi New 

OrU,,... on the left bank of the Mississippi river. The first election 
ler this provision -hall be held at the next parochial and municipal 

election 

Art. 117. There shall also be a second city court in the city ol' New 



Orleans, on the righl bank of the Mississippi river, now known as the 
fifth districl of the city of Now Orleans; and said court shall have the 
same jurisdiction as the first city court in all cases where the defendant 
resides in the fifth district. There shall be one clerk for said city court, 
who shall receive a salary of twelve hundred dollars per annum, payable 
monthly by the city treasurer, out of the fund hereinafter provide*]. 
There shall be a constable for said conn, whose compensation shall be 
the lees of his office, as may be now or hereafter fixed by law. The 
judge of said court shall have the same qualifications and authority 
as the judges of the first city court, and shall receive the same compen- 
sation. Said, judge, clerk and constable shall be elected by the quali- 
fied voters of said fifth district of the city of New Orleans, for the term 
of four years. The first election under this provision shall be held at 
the next parochial and municipal election. The clerk and constable shall 
each furnish bond in the sum of one thousand dollars, to be approved 
by the judge of the court; and they shall be removable by the judge 
of said court after due trial, subject to an appeal to the court of ap- 
peal for the parish of Orleans. 

Art. 148. There shall be a district attorney for the parish of Or- 
leans, who shall be elected by the voters of said parish for the term of 
four years, and shall receive an annual salary of one thousand dollars, 
and such fees as may be allowed by law; but no fees shall be al- 
lowed in criminal cases except upon conviction. He shall be a licensed 
attorney, and may appoint two assistants with like qualifications, at 
salaries not to exceed eighteen hundred dollars per annum. He shall 
appoint such other assistants as may be required, at salaries to be 
fixed and paid by him. 

Art. 149. There shall be a register of conveyances and a recorder 
of mortgages for the parish of Orleans, who shall be elected by the 
voters of said parish for the term of four years. Their qualifications and 
duties shall be as fixed by law; the register of conveyances shall fur- 
nish bond in the sum of fifteen thousand dollars, and the recorder of 
mortgages in the sum of twenty-five thousand dollars, which said bonds 
shall be examined by the judges of the civil district court, and all tes- 
timony given in said examinations shall be reduced to writing and filed 
in the court; they shall appoint such deputies and at such salaries as 
are now authorized by law, or as hereinafter provided. They shall 
be governed, with respect to the fees and expenses of their offices, the 
manner of their compensation and their obligations with regard to 
accounting and settling, as hereinafter prescribed. The compensa- 
tion of the register of conveyances shall be twenty-five hundred dol- 
lars per annum, and that of the recorder of mortgages shall be four 
thousand dollars per annum. 

Art. 150. The judges of the civil and criminal district courts for 
the parish of Orleans, and of the city courts of New Orleans, and the 
clerks and constables of said courts respectively, and the sheriffs, dis- 
trict attorney, register of conveyances and recorder of mortgages for 
the parish of Orleans, who shall be serving at the time of the adop- 
tion of this constitution, shall, unless removed for cause, remain in 
office until the expiration of the terms for which they were elected or 
appointed. 

The three judges of the civil district court and the one judge of the 



38 

criminal districl court, whose terms expire in L900, shall serve until 
after the election and qualification of their successors, who shall be 
elected a1 the congressional election of thai year; and the terms of 
the two judges of the civil district courl and the one judge of the crimi- 
nal districl court, whose terms expire in L904, shall serve until the 
ion and qualification of their successors, who shall be elected at 
the congressional election of thai year. 

All rases in said courts, and all writs, orders and process issued 
therefrom, and which shall be pending or in course of execution, together 
with all the records and archives of said courts, and of the offices here- 
inabove mentioned shall, upon the adoption of this constitution, at once, 
and by virtue of (In 1 provisions hereof, he transferred to, and held to be 
cases pending in, and Avrits. orders and process issued from, and in 
course of execution under the authority of. and records and archives 
belonging and pertaining to the civil and criminal districl courts and 
the < :lerks thereof, and the offices of the 1 civil and criminal sheriffs, dis- 
trict attorney, register of conveyances and recorder of mortgages 
for the parish of Orleans respectively established and provided 
for by this constitution. No change in the system of docket- 
ing mi- numbering shall be required for ihe purpose of suits which may 
hereafter be filed in either of said courts, nor shall any new set of 
books, or system of keeping the same, be required for the purposes of 
any of said offices. Tin 1 books and records of the court of appeal for 
the parish of Orleans shall be Transferred to. and all appeals held to 
tses pending in (he court of appeals herein provided for. and with- 
out tic formality of being renumbered or docketed, and (lie same rule 
shall apply to cases pending in the third city court of Xew Orleans upon 
the organization of the second city court of New Orleans, as here- 
inbefore provided. Upon the organization of the first city court of 
Xew Orleans, as hereinbefore provided, all books, records and archives 
of the first, second and fourth city courts of Xew Orleans as now con- 
stituted, and of the clerks and constables thereof, and all sails, orders 
and process issued, from and in course of execution under ihe authority 
of said courts, shall be transferred thereto, and all cases pending in said 
courts shall be redocketed, and numbered in said first city court, upon 
application of any of the parties in interest, and without cost to them. 

The laws regulating the s of and practice in the civil and crimi- 

nal district courts \'ov Ihe parish of Orleans, and the city courts of 
Orleans, which may be in force at the time of the adoption id' this 
iiutton. shall, if not in conflict herewith, remain in force until 
otherwise provided by the general assembly. 

Art. L51. All cases en appeal from the city courts of New Orleans 
lo the civil district court, upon the adoption of this const it at ion, shall 
remain and be tried in said civil district court. 

A i-i. L52. The recorders of ihe city of New Orleans who may be 
serving at the time of the adoption of this constitution, shall, unless 
removed for cause, continue in the exercise of their functions and juris- 
diction, conformably to existing laws, and until otherwise provided, 
except in so far as such functions and jurisdiction may be affected 
by ihe provisions of i!ii^ constitution which confer appellate and super- 
visory jurisdiction <m the criminal district court and original jnris- 
diction in certain matters on the city criminal courts. 

. ' • I 



39 

Art. 153. The election of judges and other officers for the parish of 
Orleans and city of New Orleans, herein provided for, the time of which 
is not specially fixed, shall be held at the time of the parochial and 
municipal elections. 

Art. 154. Until otherwise provided by law, the costs to be paid 
clerks, sheriffs, constables, recorder of mortgages and register of con- 
veyances, shall be as now fixed, except that in no case shall the costs 
of filing appeals from the city courts exceed the sum of five dollars. 

Art. 155. The general assembly shall grade all misdemeanors and 
minor offenses against the state, and shall fix the minimum and maxi- 
mum penalties therefor. 

Art. 156. All valid warrants issued for salaries and authorized ex- 
penses of the offices of the clerk for the civil district court, register of 
conveyances and recorder of mortgages for the parish of Orleans, of 
the clerks of the city courts of the city of New Orleans, and for sal- 
aries of the clerks of the court of appeal, which are payable out of the 
special judicial expense fund provided for by article 146 of the constitu- 
tion of 1879, as amended, and which shall be outstanding and unpaid 
at the date of the adoption of this constitution, or which shall be is- 
sued for the current month in which this constitution is adopted, are 
hereby declared to be valid and subsisting claims against the revenues 
of the respective offices upon which said fund was made dependent. 

The holders of said warrants may present them within six months 
after the adoption of this constitution to the board of liquidation of the 
city debt, and receive therefor the bonds hereinafter authorized to be 
issued; and the city of New Orleans is required, within, three months 
from the adoption of this constitution, to provide for said warrants or 
claims, by the issuance of bonds in the sum of two hundred and twenty- 
five thousand dollars, or so much thereof as may be necessary; said 
bonds shall be for the face value of said warrants, in such denomina- 
tions as the said board of liquidation shall recommend, and shall be 
dated July 1st, 1898, and made payable twenty-five years after date, 
or earlier, at the option of said board, and shall bear four per cent 
per annum interest, payable semi-annually, and represented by interest 
coupons attached thereto, the first of said coupons payable January 1st, 
1899; said bonds to be known as judicial expense fund bonds, and to 
be signed by the mayor and comptroller of the city of New Orleans, 
and delivered to the board of liquidation of the city debt and shall be 
countersigned by the president and secretary of said board and issued 
oy said board to the holders of said warrants upon surrender of same. 
Neither the state of Louisiana nor the city of New Orleans shall ever 
be liable for the payment of said bonds nor the interest thereon, ex- 
cept from the special fund herein provided for, and any appropriation 
or other provision therefor made by the state or city shall be null and 
void. 

There shall be stamped across the face of said bonds the words: "Is- 
sued in accordance with article 156 of the constitution of Louisiana of 
1898." 

The clerk of the civil district court, register of ' conveyances and 
recorder of mortgages for the parish of Orleans, and the clerks of the 
city courts of New Orleans, shall keep accurate and detailed accounts 
in books to be used exclusively for that purpose, of all fees and charges 



40 

collected in their offices, respectively; and they shall furnish, daily, to 
the city comptroller, transcripts of said accounts duly certified by them 
or by their authority, and said officers shall also daily pay into the 
treasury of the city of New Orleans the whole amount of ices and 
charges so collected. 

Prom the amounts thus paid into the city treasury, the treasurer 
shall sci apari and reserve twenty per cenl oui of winch shall first 
be paid the expenses necessary for the preparation and execution of 
the aforesaid bonds, and thereafter the same shall be used solely and 
exclusively to retire the bonds issued in payment of said judicial ex- 
pense fund warrants and interest thereon, and the certificates of the 
comptroller hereinafter authorized; and upon the second Tuesday in 
December and June of every year the said treasurer shall pay said 
amounts so reserved, and also the amounts received from the civil 
sheriff, to the board of liquidation of the city debt, until all the bonds 
herein authorized have been retired or paid; and on the second Tuesday 
in February and August of every year, said board of liquidation, in 
accordance with rules to be adopted and made public by it, shall after 
paying the semi-annual interest on said bonds, purchase or redeem with 
such money thus set apart as may have accumulated, and with the 
surplus of the remaining eighty per cent as hereinafter provided, as 
many of said bonds as said money will buy or redeem, preference being 
given to holders offering at the lowest rate; and all such bonds so 
purchased or redeemed shall be by said board of liquidation immediately 
canceled, and a record made thereof. 

From the remaining eighty per cent of said fund there shall be paid 
monthly the current salaries and expenses of the offices from which 
same is derived, including the salary of the docket and minute clerks 
of the court of appeal, as now constituted and until the election of the 
clerk of the said court, as above provided, together with such author- 
ized expenses of said offices as are not required to be paid by the city 
of New Orleans; and the surplus of said eighty per cent, if any, shall 
be paid by the treasurer to the said board of liquidation, and shall be 
used to redeem or pay said bonds and certificates as hereinbefore and 
hereinafter provided. 

Bu1 if said eighty per cent during the six months ending July 31st r 
or .January 31st of any year, should prove inadequate to pay said sal- 
aries and expenses, the comptroller shall prorate the deficit among those 
entitled to payment, and shall issue certificates therefor in sums not 
less than ten dollars, which shall hear interest at the rate of four per 
cent per annum from date, and shall be paid from the funds herein set 
apari and reserved only alter all the bonds issued in payment of out- 
standing warrants shall have firsl been redeemed or paid. 

All disbursements from said fund lor stationery shall be made upon 
the requisitions <>f the officers requiring same; said requisitions to be 
approved by the mayor of the city of New Orleans; and in all cases such 
disbursements and all salaries shall be paid by the treasurer of the 
city <>r New Orleans upon warrants drawn againsl said fund by the 
comptroller of said city, approved, so far as the civil district court is 
concerned by the presiding judge thereof, lor the office of the recorder 
of mortgages and the office of the register of conveyances, by the mayor 
of the city of New Oilcans, and for the offices of the respective city 



41 

courts by the judge or judges thereof, and for the officers of the court 
of appeal by one of the judges thereof. 

Until the full and final payment of all of said bonds and certifi- 
cates hereinbefore provided for, the salaries of the employes of the 
various offices hereinafter named shall remain as now fixed by law. and 
there shall be no increase in the number of employes now authorized by 
law for the offices of recorder of mortgages or register of conveyances, 
unless otherwise ordered by the civil district court sitting en banc; and 
the number of employes of the civil district court shall be as determined 
by a majority of the judges thereof. 

The clerks of the first and second city courts, until the organiza- 
tion of the city courts hereinbefore provided for, may each appoint 
with the approval of the judge thereof, an additional deputy clerk at 
fifty dollars per month, but no other employes, nor larger salaries than 
those now fixed by law. shall be allowed to the city courts. 

The said board of liquidation hereinbefore named shall have the 
right to reject any and all bids made for the redemption of bonds is- 
sued as hereinabove provided, and should there be no bids, or none be 
accepted, then said board of liquidation, on the second Tuesday in 
February and August of each year, with whatever amount has been 
paid to said board by the treasurer as herein provided, shall, after 
paying the interest, pay said bonds in numerical order. 

After the payment of all of said bonds, the twenty per cent reserve here- 
in provided, and any surplus of the remaining eighty per cent shall be 
used by the city treasurer in paying the certificates herein provided 
for, if any, in the order of their issue. When said judicial expense 
fund bonds and comptroller's certificates, if any of the latter shall 
be issued, shall have been retired and canceled, the salaries and ex- 
penses of the various offices affected by this article and the revenue 
of said offices shall be regulated and disposed of as may be determined 
by the general assembly. 

This article shall take effect from the last day of the current month 
in which this constitution is adopted, and all amounts arising from 
the judicial expense fund, which shall remain in the hands of the state 
treasurer on that date, shall be paid by him to the board of liquidation 
of the city debt, and be used by said board as part of the funds here- 
inabove referred to. 

Art. 157. Vacancies occurring from any cause in the judicial offices 
of the parish of Orleans or city of Xew Orleans, shall be filled by ap- 
pointment by the governor, with the advice and consent of the senate, 
for the unexpired term. 

Art. 158. The fact that the officers and deputies herein provided 
for are paid by the city of Xew Orleans shall not make them officers or 
employes thereof. 



LEGISLATIVE POWER OVER COURTS. 

Sec. 111. The legislature shall have the power to abolish any court, 
except the supreme court and the probate courts, whenever its juris- 
diction and functions have been conferrred upon some other court. — ■ 
Ala. (1901), Art. 6. 
6 — Jud. Dept. 



Sec. M. The genera] assembly may (whenever two-thirds of the mem- 
bers of each house shall concur therein) increase or diminish the num- 
ber of judges for any district, or increase or diminish the number oi 
judicial districts, and the judges i hereof. Such districts shall be formed of 
compaci territory, and hounded by county lines; but such increase, 
diminution or change in the boundaries of a district shall not work the 
removal of any judge from his office during the term for which he shall 
have been elected or appointed.— CoZo. (1876), Art. 6. 

Sec 35. No courts Other than those herein specified shall be estab- 
lished in this state. — Fla. (1885), Art. 5. 

Sec. 20. Par. 1. All courts not specially mentioned by name in the 
first section of this article may be abolished in any county, ai the discre- 
tion of the general assembly. — Ga. (1877), Art. 6. 

Sec. 135. No courts, save those provided for in this constitution, shall 
be established.— Ky. (1891), Sec. L35. 

Art. 96. Except as herein provided, no duties or functions shall ever 
be attached by law to the supreme court, courts of appeal, or district 
courts, or to the several justices, or judges thereof, except such as are 
judicial, and the said justices and judges are prohibited from receiving 
any fees of office, or other compensation than their salaries, Cor any 
official duty performed by them. No judicial powers, except as com- 
mitting magistrates in criminal cases, shall be conferred on any officer 
other than those mentioned in this title, except such as may be neces- 
sary in towns and cities: Provided, The general assembly shall have 
the power to abolish justice of the peace courts in wards containing 
cities of more than five thousand inhabitants, and to create in their 
stead courts with such civil jurisdiction as is now vested in justices of 
the peace, and with criminal jurisdiction which shall not extend be- 
yond the trial of offenses not punishable by imprisonment at hard labor 
under the laws of this state, and of violations of municipal and parochial 
ordinances, and the holding of preliminary examinations in cases not 
capital: Provided, The compensation of the judges of such courts shall 
be paid by the parishes and cities in which they are established, in such 
proportions as may be provided by law. — La. (1898), Art. 96. 

Art. •>. The general court shall forever have full power and authority 
to erect and constitute judicatories and courts of record. Or other courts. 
to l>e held in the name of the commonwealth for the hearing, trying, and 
determining of all manner of crimes, offenses, pleas, processes, plaints, 
actions, matters, causes, and things, whatsoever, arising or happening 
within the commonwealth, or between or concerning persons inhabit- 
ing, or residing, or brought within the same: whether the same be crimi- 
nal or civil, or whether the said crimes be capital or not capital, and 
whether the said |>lcas be real, personal, or mixed; and for the award- 
ing and making ou1 of execution thereupon. To which courts and ju- 
dicatories are hereby given and granted full power and authority, from. 
time to time, to administer oaths or affirmations, for the better dis- 
covery of truth iti any matter in controversy or depending before them. 
- }/<iss. i L780), Parti, Chap. 1. s<c. 1. 



43 

Sec. 31. The general assembly shall have no power to establish 
criminal courts, except in counties having a population exceeding fifty 
thousand.— Mo. i L875), Art. 6. 

See. 12. The general assembly shall have no power to deprive the 
judicial department of any power or jurisdiction which rightfully per- 
tains to it as a co-ordinate department of the government; but the 
general assembly shall allot and distribute that portion of this power 
and jurisdiction which does not pertain to the supreme court, among 
the other courts prescribed in this constitution or which may be 
established # by law, in such manner as it may deem best; provide also 
a proper system of appeals, and regulate by law, when necessary, 
the methods of proceeding in the exercise of their powers, of all the 
courts below the supreme court, so far as the same may be done without 
conflict with other provisions of this constitution. — N. C. (1875), Art. 4. 

Art. 110. The general assembly shall not have power to increase the 
number of district judges in any district. — La. (1898) Art. 110. 

Sec. 110. Whenever the population of the state of Xorth Dakota shall 
equal 600,000 the legislative assembly shall have the power to increase the 
number of the judges of the supreme court to five, in which event a ma- 
jority of said court, as thus increased, shall constitute a quorum. — 
-N. Dak. (1880), Art. 4. 

Sec. 24. The terms of office of supreme and district judges may be 
extended by law, but such extension shall not affect the term for which 
any judge was elected. — Utah (1896). Art, 8. 

Sec. 12. The legislature shall prescribe by law the jurisdiction and 
powers of any of the inferior courts which may be established in pur- 
suance of this constitution. — Wash. (1889). Art. 4. 



LAWS TO BE UNIFORM. 

Sec. 28. All laws relating to courts shall be general and of uni- 
form operation throughout the state: and the organization, jurisdiction, 
powers, proceedings and practice of all the courts of the same class 
or grade, so far as regulated by law, and the force and effect of the 
proceedings, judgments and decrees of such courts severallv, shall be 
uniform.— Colo. (1876), Art. 6. 

Sec. 9. Par. 1. The jurisdiction, powers, proceedings and practice 
of all courts or officers invested with judicial poAvers (except city courts) . 
of the same grade or class, so far as regulated by law, and the force 
and effect of the process, judgment and decree, by such courts, severally, 
shall be uniform. This uniformity must be established by the general 
assembly.— Ga. (1877), Art. 6. 

Sec. 26. All laws relating to courts shall be general and of uniform 
operation throughout the state, and the organized judicial powers, 



44 

proceedings, and practices of all the courts of the same class or grade, 
so far as regulated by law, and the force and effect of the proceedings, 
judgments, and decrees of such courts, severally, shall be uniform. — ■ 
Idaho I L889), Art. 5. 

Sec. 29. All judicial officers shall be commissioned by the governor. 
All laws relating to courts shall be general and of uniform operation; 
and the organization, jurisdiction, powers, proceedings and practice 
of all courts of the same class or grade, so far as regulated by law, 
and the force and effect of the process, judgments and decrees of such 
courts, severally, shall be uniform. — III. i L870), Art. 6. 

Sec. 26. All laws relating to courts shall be general and of uniform 
operation throughout the state; and the organization, jurisdiction, 
powers, proceedings and practice of all comas of the same class or grade, 
so far as regulated by law. shall he uniform. — Mont. (1889), .1/7. s. 

Sec. 26. All laws relating to courts shall ho general and of uniform 
operations, and the organization, jurisdiction ami powers of*all courts 
of the same class or grade, so far as regulated by law, and the force 
and effed of the process and judgments of such courts shall he uni- 
form; and the general assembly is hereby prohibited from creating other 
courts to exercise the powers vested b\ ihis constitution in the judges 
of the courts of common pleas and orphans' courts. — Pa. (1ST.*)), Art. 5. 

Sec. 34. All laws relating to courts shall he general and of uniform 
operation throughout the state, and the organization, jurisdiction, 
power, proceedings and practice of all the courts of the same class or 
grade, so far as regulated by law. ami the force and effed of the pro- 
ceedings, judgments and decrees of such courts severally shall he uni- 
form: Provided, however, that the legislature may classify the county 
courts according to the population of the respective counties and fix the 
jurisdiction am! salan of the indues thereof accordinglv. — N. />. (1889), 
Art. 5. 

ORGAN \7\ [OS OF SUPREME COURT. 

1 74 1 Sec. 2. For the ferm of siw years and thereafter, until the 
legislature otherwise provide, the judges of the several circuit courts 
shall be judges of tlve supreme court, 'four of whom shall constitute <t 
quorum. I concurrence of three shaft be incessant to a final <lecisi.ni. 
six years the legislature may provide by law for the organiza- 
tion of a supreme court, with the jurisdiction and powers prescribed 

in this const it at inn to Consist Of oin chi<f justice dint time associate 

justices, to in chosen by the electors of the state. Such supreme court, 
whi ,/ so organized, shall not be changed or discontinued by the legislature 
for eight years fin rt after. The judges thereof shaft be so classified 

thai but one of them shaft go out of office at the same time. 'The term 

■'i>-< shall be eight years— Mich. (1850), Art. o. 
Sec. L51. The supreme courl shall consist of one chief justice, and 



45 

such number of associate justices as may be prescribed by law. — 
Ala. (1901), Art. 6. 

Sec. L55. Except as otherwise provided in this article, the chief 
justice and associate justices of the supreme court, circuit judges, 
chancellors, and judges of probate, shall hold office for the term of 
six rears, and until their successors are elected or appointed and quali- 
fied; and the right of such judges and chancellors to hold their offices 
for the full term hereby prescribed shall not be affected by any change 
hereafter made by law in any circuit, division, or county, or in the 
mode or time of election. — Ala. (1901), AH. 6. 

Sec. 2. The supreme court shall be composed of three judges, one 
of whom shall be styled chief justice, and elected as such ; any two of 
whom shall constitute a quorum, and the concurrence of two judges 
shall, in every case, be necessary to a decision. — Ark. (1874), Art. 7. 

Sec. 3. When the population of the state shall amount to one million, 
ihe general assembly may, if deemed necessary, increase the number 
of judges of the supreme court to five; and, on such increase, a ma- 
jority of judges shall be necessarv to make a quorum or decision. — 
Ark. (1874), Art 7. 

Sec. 2. The supreme court shall consist of a chief justice and six 
associate justices. The court may sit in departments and in bank, and 
shall always be open for the transaction of business. There shall be 
two departments, denominated, respectively, department one and de- 
partment two. The chief justice shall assign three of the associate 
justices to each department, and such assignment may be changed by 
him from time to time. The associate justices shall be competent to 
sit in either department, and may interchange with each other by 
agreement among themselves, or as ordered by the chief justice. Each 
of the departments shall have the power to hear and determine causes, 
contained in relation to the court in banc. The presence of three 
and all questions arising therein, subject to the provisions hereinafter 
justices shall be necessary to transact any business in either of the 
departments, except such as may be done at chambers, and the concur- 
rence of three justices shall be necessary to pronounce a judgment. 
The chief justice shall apportion the business to the departments, 
and may, in his discretion, order any cause pending before the court to 
be heard and decided by the court in banc. The order may be made 
before or after judgment pronounced by a department; but where a 
cause has been allotted to one of the departments, and a judgment 
pronounced thereon, the order must be made within thirty days after 
such judgment, and concurred in by two associate justices, and if so 
made it shall have the effect to vacate and set aside the judgment. Any 
four justices may, either before or after judgment by a department, 
order a case to be heard in banc. If the order be not made within 
the time above limited, the judgment shall be final. No judgment by a 
department shall become final until the expiration of the period of thirty 
days aforesaid, unless approved by the chief justice, in writing, with 
the concurrence of two associate justices. The chief justice may con- 



46 

vene the court in banc at any time, and shall be the presiding justice 
of the courl when so convened. The concurrence of four justices pres- 
en1 a1 the argument shall be necessary to pronounce a judgment in 
banc; bu1 it' four justices, s<> present, do no1 concur in a judgment, 
then all the justices qualified to sit in the cause shall hear the argu- 
mem ; bu1 to render a judgment a concurrent of four judges shall be 
necessary. In the determination of causes, all decisions of the court, 
in banc or in departments, shall be given in writing, and the grounds 
of the decision shall be stated. The chief justice may sit in either 
department, and shall preside when so sitting, but the justices assigned 
to each department shall select one of their number as presiding justice. 
In i-<\>e of the absence of the chief justice from the place at which the 
court is held, or his inability to act, the associate justices shall select 
one of their own number to perform the duties and exercise the powers 
of the chief justice during such absence or inability to act. — Gal. (1880), 
Art. G. 

Sec 5. The supreme court shall consist of three judges, a majority 
of whom shall be necessary to form a quorum or pronounce a decision. 
—Colo, i L876), Art. li. 

Sec. 6. The judges of the supreme court shall be elected by the elec- 
tors of the state at large as hereinafter provided. — Colo. (187b). Art. 6. 

Sec 7. The term of office of the judges of the supreme court, except 
as in this article otherwise provided, shall be nine years.— Colo. (1876), 
.1/-/. 6. 

Sec. 8. The judges of the supreme court shall immediately after the 
first election under this constitution be classified by lot, so that one 
shall hold his office for the term of three years, one for the term of six 
years, and one for the term of nine years. The lot shall be drawn by 
the judges, who shall for that purpose assembly at the scat of gov- 
ernment, and they shall cause the result thereof to be certified to the 
secretary of the territory, and filed in his office. The judge having the 
shortest term t<> serve, not holding his office by appointment or elec- 
tion to fill a vacancy, shall be the chief justice, and shall preside at 
all terms of the supreme court, ami in case of his absence, the judge 
having in like manner the next shortest term to serve shall preside in 
his stead.— Colo. I L876), Art. b. 

Sec. 2. There shall be <i\ state judges who shall be learned in the 
law. One of them shall be chancellor, one of them chief justice and 
the other four of them n^soci.-ite judges. 

The chancellor, chief justice and one of the associate judges may be 
appointed fr©m ami reside in any part of the slate. The other three 
associate judges may be appointed from any pan of the stale. They 
shall be resident associate judges, and one of them shall reside in each 
county. 

In <-;ise the commissions of two or more of tin 1 associate judges shall 
be of the same date, they shall, as soon as conveniently mav be after 



47 

their appointment, determine their seniority by lot, and certify the re- 
sult to the governor.— Del. (1807), Art. 4. 

Sec. :>. The chancellor, chief justice and associate judges shall be 
apppointed by the governor, by and with the consent of a majority of 
all the members elected to the senate, for the term of twelve years: 
Provided, however, That the chancellor, chief justice and associate 
judges first to be appointed under this amended constitution, shall be 
-appointed 4 by the governor without the consent of the senate, for the 
Term of twelve years; and the persons so appointed shall enter upon 
the discharge of the duties of their respective offices upon taking the 
oath of office prescribed by this amended constitution. If a vacancy 
shall occur, by expiration of term or otherwise, at a time when the 
senate shall not be in session, the governor shall within thirty days 
after the happening of any such vacancy convene the senate for the 
purpose of confirming his appointment to fill said vacancy, and the 
transaction of such other executive business as may come before it. 
Such vacancy shall be filled as aforesaid for the full term. The said 
appointment shall be such that no more than three of the said five law 
judges, in office at the same time, shall have been appointed from the 
same political party. — Del. (1897), Art. 4. 

Sec. 5. The chief justice and the four associate judges shall com- 
pose the superior court, the court of general sessions and the court of 
oyer and terminer, as hereinafter prescribed. 

The said five judges shall designate those of their number who shall 
hold the said courts in the several counties. Whenever practicable 
the said courts shall consist of three of the said five judges, but no 
more than three of them shall sit together in any of the said courts. 
In each of the said courts the chief justice when present shall pre- 
side, and in his absence the senior associate judge present shall pre- 
side. 

Two shall constitute a quorum in the said courts respectively except 
in the court of oyer and terminer, where three shall constitute a quorum. 

One may open and adjourn court.— Del. (1897), Art. 4. 

Sec. 13. The supreme court upon a writ of error to the superior 
court, court of oyer and terminer, or court of general sessions, or 
upon appeal from the court of general sessions, shall consist of the 
chancellor and such of the other five judges as did not sit in the cause 
below. The chancellor when present shall preside, and in his ab- 
sence the chief justice when present shall preside, and in his absence 
the senior associate judge present shall preside. Any three of them shall 
constitute a quorum, and one of them mav open and adjourn court. — 
Del. (1897), Art. 4. 

Sec. 14. The supreme court upon an appeal from the court of chan- 
cery shall consist of the chief justice and the four associate judges. 

The chief justice when present shall preside, and in his absence the 
senior associate judge present shall preside. Any three of them shall 
constitute a quorum, and one of them mav open and adjourn court. 
— Del. (1897) , Art. 4. 



4S 

Sec. 15. Whenever the superior court, court of over and terminer 
or courl of general sessions shall consider thai a question of law ought 
to be heard by the couri in banc, they shall have power, upon application 
of either party, to direct it to be so heard; and in that case the court in 
banc shall consist of the chief justice and the four associate judges. 

The chief justice when present shall preside, and iu his absence 1 the 
senior associate judge present shall preside. Any four of them shall 
constitute a quorum, and one of them may open and adjourn court. 

The superior court, court of oyer and terminer or court* of general 
sessions in exercising this power, may direct a cause to be proceeded 
into verdict or judgment in that court, or to be otherwise proceeded in, 
as shall be best for expediting justice. — Del. (1897), Art. 4. 

Sec. 2. The supreme court shall consist of three justices who shall 
be elected by the qualified electors of the state at the time and places 
of voting for members of the legislature, and shall hold their office for 
a term of six years, except those first elected, one of whom, to be desig- 
nated by lot in such manner as they may determine, shall hold his office 
for two years, another to be designated in like manner for four years, 
and the third for six years, so that one shall be elected every two years 
after the first election. The chief justice shall be designated by lot by 
said justices, and shall be such during his term of office. The first elec- 
tion for said justices shall take place at the first election for members 
of the legislature after the ratification of this constitution, and their 
term of office shall begin on the first Tuesday after the first Monday in 
January after their election. — Fki. (1885), Art. 5. 

Sec. 4. The .majority of the justices of the supreme court shall 
constitute a quorum for the transaction of all business. The concur- 
rence of two justices shall be necessary to a decision. The number of 
terms of the supreme court and the times of holding the same shall be 
regulated by law. All terms shall be held at the capital of the state. — 
Flu. i L885), Art. 5. 

Sec. <;. The legislature shall have power to prescribe regulations 
for calling into the supreme court a judge of the circuit court, to hear 
and determine any matters pending before the court in the place of any 
justice thereof that shall be disqualified or disabled in such case from 
interest or other cause. — Fla. (1SS5), Art. 5. 

Sec. 2. Par. 8. The supreme court shall hereafter consist of a chief 
justice and live associate justices. The court shall have power to hear 
and determine cases when sitting, either in a body or in two divisions 
of three judges each, under such, regulations as may be prescribed by 
the general assembly. A majority of either division shall constitute a 
quorum for that division. The chief justice and the associate justices of 
the supreme court shall hereafter be elected by the people at the same time 
and in the same manner as the governor and the state house officers are 
elected, except that the first election under this amendment shall be held 
On the third Wednesday in December. 1896, at which time one associate 
justice shall he elected lor a full term of six years, to till the vacancy oc- 
curring on .January 1st. t897, by the expiration of the term of one of 



49 

the present incumbents, and three additional associate justices shall 
be elected for terms expiring respectively, January 1st, 1899, January 
1st, 1901, and January 1st, 1903. The persons elected as additional 
associate justices shall among- themselves determine by lot which of the 
three last mentioned terms each shall have, and they shall be commis- 
sioned accordingly. 

After said first election, all terms (except unexpired terms) shall be 
for six years each. In case of any vacancy which causes an unexpired 
term, the same shall be filled by executive appointment, and the person 
appointed by the governor shall hold his office until the next regular 
election, and until his successor for the balance of the unexpired term 
shall have been elected and qualified. The returns of said special elec- 
tion shall be made to the secretary of state. — Ga. (1877), Art. 6 (Amdt. 
1895). 

Sec. 6. The supreme court shall consist of three justices, a ma- 
jority of whom shall be necessary to make a quorum or pronounce a 
decision. The justices of the supreme court shall be elected by the 
electors of the state at large. The terms of office of the justices of the 
supreme court, except as in this article otherwise provided, shall be 
six years. The justices of the supreme court shall, immediately after 
the first election under this constitution, be selected by lot, so that one 
shall hold his office for the term of two years, one for the term of four 
years, and one for the term of six years. The lots shall be drawn by 
the justices of the supreme court, who shall, for that purpose, assemble 
at the seat of government, and they shall cause the result thereof to be 
certified to by the secretary of state and filed in his office. The justice 
having the shortest term to serve, not holding his office by appointment 
or election to fill a vacancy, shall be the chief justice, and shall preside 
at all terms of the supreme court, and, in case of his absence, the jus- 
tice having in like manner the next shortest term to serve shall pre- 
side in his stead. — Idaho (1889), Art. 5. 

Sec. 2. The supreme court shall consist of seven judges, and shall 
have original jurisdiction in cases relating to the revenue, in manda- 
mus and habeas corpus, and appellate jurisdiction in all other cases. 
One of said judges shall be chief justice; four shall constitute a quorum, 
and the concurrence of four shall be necessary to every decision. — III. 
(1870), Art. 6. 

Sec. 24. The judge having the shortest unexpired term shall be chief 
justice of the court of which he is a judge. In case there are two or 
more whose terms expire at the same time, it may be determined by 
lot which shall be chief justice. Any judge of either of said courts shall 
have all the powers of a circuit judge, and may hold the court of which 
he is a member. Each of them may hold a different branch thereof 
at the same time.— III. (1870), Art. 6. 

Sec. 2. The supreme court shall consist of not less than three, nor 
more than five judges ; a majority of whom shall form a quorum. They 
shall hold their offices for six years, if they so long behave well. — Ind. 
(1851), Art. 6. 

7— Jud. Dept. 



50 

Sec :;. The state shall be divided into as many districts as there 
tire judges of the supreme court, and such districts shall be formed of 
contiguous territory, as nearly equal in population as, without dividing 
a county, the same can be made. One of said judges shall be elected 
from each district, and reside therein; bu1 said judge shall be elected 
by the electors of the state at large.— Ind. (1851), Art. 7. 

Sec. 2. The supreme court shall consist of three judges, two of whom 
shall constitute a quorum to hold court. — Iowa (1857), Art. 5. 

Sec. 3. The judges of the supreme court shall be elected by the quali- 
fied electors of the state, and shall hold their court at such time and 
place as the general assembly may prescribe. The judges of the supreme 
court so elected, shall be classified so that one judge shall go out of 
office every two years; and the judge holding the shortest term of office 
under such classification, shall be chief justice of the court during his 
term, and so on in rotation. After the expiration of their terms of 
-office, under such classification, the term of each judge of the supreme 
court shall be six years, and until his successor shall have been elected 
and qualified. The judges of the supreme court shall be ineligible to any 
other office in the state, during the term for which thev shall have been 
elected.— Iowa (1857), Art. 5. 



Sec. 2. The supreme court shall consist of seven justices, who shall be 
chosen by the electors of the state. They may sit separately in two 
divisions, with full power in each division to determine the cases as- 
signed to be heard by such division. Three justices shall constitute a 
quorum in each division and the concurrence of three shall be necessary 
to a decision. Such cases only as may be ordered to be heard by the 
whole court shall be considered by all the justices, and the concurrence 
of four justices shall be necessary to a decision in cases so heard. The 
justice who is senior in continuous term of service shall be chief justice, 
and in case two or more have continuously served during the same 
period the senior in years of these shall be chief justice, and the pre- 
siding justice of each division shall be selected from the judges as- 
signed to that division in like manner. The term of office of the justices 
shall be six years, except as hereinafter provided. The justices in 
office at the time this amendment takes effect shall hold their office 
for the terms for which they were severally elected and until their 
Successors are elected and qualified. As soon as practicable after the 
second Monday in January, L901, the governor shall appoint four jus- 
tices, to hold their offices until the second Monday in January, 1903. 
At the general election in L902 there shall be elected five justices, one 
of Whom shall hold his office lor two years, one lor lour years and three 
for six years. At the general election in L904 and vwvy six years there- 
after two justices shall he elected. At the general election in L906 and 
even six years thereafter two justices shall be elected. At the gen- 
eral election iii L908 and every six \ears thereafter three justices shall 
he elected. Kan. | L859), Art. :\ {Amdt. L900). 

Sec. 112. The judges of the court of appeals shall severally hold 



51 

their offices for the term of eight years, commencing on the first Mon- 
day in January next succeeding their respective elections, and until their 
several successors are qualified, subject to the conditions hereinafter 
prescribed. For any reasonable cause the governor shall remove them, 
or any one or more of them, on the address of two-thirds of each house 
of the general assembly. The cause or causes for which said removal 
shall be required shall be stated at length in such address and in the 
journal of each house. They shall at stated times receive for their 
services an adequate compensation, to be fixed by law. — Ky. (1891), 
Sec. 112. 

Sec. 113. The court of appeals shall, after eighteen hundred and 
ninety-four, consist of not less than five nor more than seven judges. 
They shall, severally, by virtue of their office, be conservators of the 
peace throughout the state, and shall be commissioned by the governor. 
— Ky. (1891), Sec. 113. 

Sec. 116. The judges of the court of appeals shall be elected by dis- 
tricts. The general assembly shall, before the regular election in eight- 
een hundred and ninety-four, divide the state, by counties, into as 
many districts, as nearly equal in population and as compact in form 
as possible, as it may provide shall be the number of judges of the court 
of appeals; and it may, every ten years thereafter, or when the number 
of judges requires it, redistrict the state in like manner. Upon the 
creation of new or additional districts, the general assembly shall desig- 
nate the year in which the first election for a judge of the court of 
appeals shall be held in each district, so that not more than the num- 
ber of judges provided for shall be elected, and that no judge may be 
deprived of his office Until the expiration of the term for which he 
was elected.— Ky. (1891), Sec. 116. 

Sec. 117. A majority of the* judges of the court of appeals shall con- 
stitute a quorum for the transaction of business, but in the event as 
many as two decline, on account of interest or for other reason, to 
preside in the trial of any cause, the governor, on that fact being certi- 
fied to him by the chief justice, shall appoint to try the particular 
cause a sufficient number of judges to constitute a full court. The 
judges so appointed shall possess the qualifications prescribed for judges 
of the court of appeals, and receive the same compensation proportioned 
to the length of service.— i^j. (1891), Sec. 117. 

Sec. 118. The judge longest in commission as judge of the court of 
appeals shall be chief justice, and if the term of service of two or more 
judges be the same, they shall determine by lot which of their number 
shall be chief justice. The court shall prescribe by rule that petitions 
for rehearing shall be considered by a judge who did not deliver the 
opinion in the case; and the court, if composed of seven judges, shall 
divide itself into sections for the transaction of business, if, in the judg- 
ment of the court, such arrangement is necessary. — Ky. (1891), Sec. 118. 

Art. 86. The supreme court shall be composed of one chief justice 
and four associate justices, a majority of whom shall constitute a 



52 

quorum. The chief justice and associate justices shall each receive a 
salary of do1 less than five thousand dollars per annum, payable monthly 
on his own wan-ant. They shall be appointed by the governor, with 
the advice and consent of the senate, for the term of twelve years. 
In case of death, resignation or removal from office of any justice, the 
vacancy shall be tilled by appointmenl for the unexpired term of such 
justice. They shall be citizens of the United Slates and of this state, 
over thirty-five years of age, learned in the law, and shall have practised 
law in this state Tor ten years preceding their appointment. — La. (1898), 
Art. 86. 

Art. $7. The stale shall be divided into lour supreme court districts, 
and the supreme court shall always be composed of justices appointed 
from said districts. [Here follows a description of the districts.] The 
justices of the supreme court, as now constituted, shall serve until 
the expiration of their respective terms. When the office of chief justice 
becomes vacant, either from expiration of term, death, resignation, or 
Iron i any other cause, the associate justice who has served the longest 
time, shall by virtue of said length of service, become chief justice, and 
the new appointee shall become an associate justice onlv. — La. (1898), 
.1/7. ST. 

Art. 89. No judgment shall be rendered by the supreme court with- 
out the concurrence of three justices. Whenever three members can- 
not concur in any case, in consequence of the recusation of any member 
or members of the court, or for any other cause, the court shall have 
authority to call on any judge or judges of the courts of appeals, or 
district courts, whose dutv it shall be, when so called upon, to sit iu 
such case.— La. (1S9S), Art. 89. 

Art. 99. The courts of appeal shall remain as at present constituted, 
until the first day of July, 1900, from and after that date the several 
courts of appeal, except as hereinafter provided, shall consist of one of 
the judges of those courts whose terms shall not have expired, and 
who. with a judge of a district court to be designated by the supreme 
court, shall be assigned by the supreme court to that duty, throughout 
the state. 

From and alter the first day of July. 1904, the courts of appeal shall 
he composed of two district judges, to be from time to time designated 
by the supreme court, and assigned to the performance of the duties of 
jndues of said courts of appeal: Provided, That no district judge shall 
be assigned to serve as a member of the court of appeal for any parish 
in his own district: And provided further, That district judges shall 
be paid their actual ami necessary expenses when serving as judges 
of the courts of appeal in such manner as may be provided bv law. — 
La. (ISDN), Art. !»!». 

Sec. 11. The court of appeals shall be composed of the chief judges 
of the first se\en of the several judicial circuits of the state and a 
judge from the city of Baltimore specially elected thereto, one of 

whom shall be designated by the governor, by and with the advice and 
consent of the senate, as the chief judge; and in all cases until action 



53 

by the senate can be had, the judge so designated by the governor shall 
act as chief judge. The judge of the court of appeals from the city of 
Baltimore shall be elected by the qualified voters of said city at the 
election of judges to be held therein, as hereinbefore provided; and in 
addition to his duties as judge of the court of appeals, shall perform 
such other duties as the general assembly shall prescribe. The jurisdic- 
tion of said court of appeals shall be co-extensive with the limits of the 
state, and such as now is or may hereafter be prescribed by law. It shall 
hold its sessions in the city of Annapolis, on the first Monday in April, 
and the first Monday in October; on the second Monday in January; the 
first Monday in April and the first Monday in October of each and 
every year, or at such other times as the general assembly may by law 
direct. Its sessions shall continue not less than ten months in the 
year, if the business before it shall so require; and it shall be com- 
petent for the judges temporarily to transfer their sittings elsewhere 
upon sufficient cause. — Md. (1867), Art. 4. 

Sec. 15. Four of said judges shall constitute a quorum; no cause 
shall be decided without the concurrence of at least three; but the judge 
who heard the cause below shall not participate in the decision ; in every 
case an opinion, in writing, shall be filed within three months after the 
argument or submission of the cause; and the judgment of the court 
shall be final and conclusive; and all cases shall stand for hearing at 
the first term after the transmission of the record. — Md. (1867), Art. 4. 

Sec. 2. The supreme court shall consist of one chief justice and 
two associate justices, but the number of the associate justices may be 
increased to a number not exceeding four, by the legislature, by a 
two-thirds vote, when it shall be deemed necessary. It shall have original 
jurisdiction in such remedial cases as may be prescribed by law, and 
appellate jurisdiction in all cases, both in law and equity, but there 
shall be no trial by jury in said court. It shall hold one or more terms 
in each year, as the legislature may direct, at the seat of government, 
and the legislature may provide, by a two-thirds vote, that one term in 
each year shall be held in each or any judicial district. It shall be 
the duty of such court to appoint a reporter of its decisions. There 
shall be chosen, by the qualified electors of the state, one clerk of the 
supreme court, who shall hold his office for the term of four years, 
and until his successor is duly elected and qualified, and the judges of 
the supreme court, or a majority of them, shall have the power to fill 
any vacancy in the office of clerk of the supreme court until an elec- 
tion can be regularly had. — Minn. (1857), Art. 6. 

Sec. 3. The judges of the supreme court shall be elected by the electors 
of the state at large, and their term of office shall be six years, and 
until their successors are elected and qualified. 

Whenever all or a majority of the judges of the supreme court shall, 
from any cause, be disqualified from sitting in any case in said court, 
the governor, or, if he shall be interested in the result of such case, 
then the lieutenant governor, shall assign judges of the district court 
of the state, who shall sit in such case in place of such disqualified 
judges, with all the powers and duties of judges of the supreme court. 
—Minn, (1857), Art. 6 (Amdt, 1876). 



u 

Sec 145. The supreme court shall consist of three judges, any two 
of whom, when convened, shall form a quorum. The legislature shall 
divide the state into three supreme court districts, and the governor, 
by and with the advice and consent of the senate, shall appoint one 
judge for and from each district: bu1 the removal of ;> judge to the 
state capital during his term of office shall not render him ineligible 
as his own successor lor the district from which he has removed. The 
present incumbents shall he considered as holding their terms of office 
from the state at large.— Miss. (1890), Art. 6. 

Sec. 149. The term of office of tin 1 judges of the supreme court shall 
be nine years. The office of one of said judges shall be vacated in three 
years, one in six years, and one in nine years, so that at the expira- 
tion of every three years one of said judues shall be appointed as afore- 
said.— Miss. (1890), Art. <;. 

Sec. 4. The judges of the supreme court shall hold office for the 
term of ten years. The judge oldest in commission shall be chief justice 
of the court ; ami if there be more than one commission of the same 
date, the court may select the chief justice from the judges holding the 
same.— Mo. (1875)', Art. 6. 

Sec. 5. The supreme court shall consist of five judges, any there of 
whom shall constitute a quorum; and said judges shall be conservators 
of the peace throughout the state, and shall be elected by the qualified 
voters thereof.— Mo. (1875), Art. 6. 

Sec. 1. The supreme court shall consist of seven judges, and. after 
the first Monday in January, 1891, shall be divided into two divisions, 
as follows: One division to consist of four judges of the court and 
to be known as division number one, the other to consist of the remain 
ing judges and to be known as division number two. The divisions shall 
sit separately for the hearing and disposition of causes and matters per- 
taining thereto, and shall have concurrent jurisdiction of all matters 
and causes in the supreme court, except that division number two shall 
have exclusive cognizance of all criminal cases pending in said court: 
Provided, Thai a cause therein may be transferred to the court as pro- 
vided in section four of this amendment. The division of business of 
which said divisions have concurrent jurisdiction shall be made as the 
supreme court may determine. A majority of the judges of a division 
shall constitute a quorum thereof, and all orders, judgments and de- 
crees of either division, as to causes and matters pending before it. shall 
have the force and effect of those of the court.— Mo. (1875), Amdt. 

Sec 3. The supreme court shall assign to each division the causes 
and mat lets to be heard by it. of which assignment due public notice 
shall he given, and all laws relating to practice in the supreme court, 
as well as the rules of the supreme court, shall apply to each division 
so far as they may he applicable thereto. The opinion of each division 
shall be in writing, and shall be tiled in the causes in which they 
shall he respectively made during the term at which the cause is sub- 
mitted, and such opinions shall he a part i)( the records of the supreme 



55 

court. Each division shall have authority to issue the original writs 
and exercise the powers enumerated in section three of article six oi 
the constitution. — Mo. (1875), Amdt. 

Seei 4. When the judges of a division are equally divided in opinion 
in a cause, or when a judge of a division dissents from the opinion 
Therein, or when a federal question is involved, the cause, on the applica- 
tion of the losing party, shall be transferred to the court for its decision : 
or when a division in which a cause is pending shall so order, the cause- 
shall be transferred to the court for its decision. — No. (1875), Amdt. 

Sec. 5. Whenever in the opinion of the supreme court the state of its 
docket with reference to the speedy disposition of the business of the* 
court will justify dispensing with the divisions hereinbefore provided* 
the court may dispense therewith and the court shall thereafter hear 
and determine all causes pending in it: Provided, however, That the- 
court shall have the power to again divide itself into two divisions, in 
like manner and with like power and effect as hereinbefore provided, 
whenever in the opinion of six judges thereof, entered of record, the 
condition of its docket with reference to the speedy disposition of the 
business of the court so require; and in such division the four judges 
oldest in commission shall constitute division number one, and the re- 
maining judges division number two. — Mo. (1875), Amdt. 



Sec. 5. The supreme court shall consist of three justices, a majority 
of whom shall be necessary to form a quorum or pronounce a decision r 
but one or more of said justices may adjourn the court from day to day,, 
or to a day certain and the legislative assembly shall have the power 
to increase the number of said justices to not less nor more than five. 
In case any justice or justices of the supreme court shall be in any 
way disqualified to sit in a cause brought before such court, the re- 
maining justice or justices shall have power to call on one or more of the 
district judges of this state as in the particular case may be necessary 
to constitute the full number of justices of which the said court shall 
then be composed, to sit with them in the hearing of said cause. In all 
cases where a district judge is invited to sit and does sit as by this sec- 
tion provided, the decision and the opinion of such district judge shall 
have the same force and effect in any cause heard before the court as 
if regularly participated in bv a justice of the supreme court. — Mont. 
(1889), Art. 8 {Amdt. 1900), "Sec. 5. 

Sec. 2. The supreme court shall consist of three judges, a majority of 
whom shall be necessary to form a quorum or to pronounce a decision. 
It shall have original jurisdiction in cases relating to the revenue, civil 
cases in which the state shall be a party, mandamus, quo warranto, habeas 
corpus, and such appellate jurisdiction as may be provided by law. — 
Neb. (1875), Art. 6. 

Sec. 5. The judges of the supreme court shall immediately after the 
first election under this constitution, be classified by lot so that one- 
shall hold his office for the term of two years, one for the term of four 
years, and one for the term of six years. — Xeo. (1875), Art. 6. 



56 

Sec. G. The judge of the supreme court having the shortest term 
to serve, not holding his office by appointment or election to fill a va- 
cancy, shall be the chief justice, and as such shall preside at all terms 
of the supreme court; and in case of his absence the judge having in 
like manner the next shortest term to serve shall preside in his stead. — - 
\<b. (1875), Art. G. 

Sec. 2. The supreme court shall consist of a chief justice and two 
associate justices, ;i majority of whom shall constitute a quorum: Pro- 
vided, That the legislature, by a majority of all the members elected 
to each branch thereof, may provide for the election of two additional 
associate justices, and if so increased three shall constitute a quorum. 
The concurrence of a majority of the whole court shall be necessary to 
render a decision. — Nev. (18G4), Art. G. 

1. The court of errors and appeals shall consist of the chancellor, 
the justices of the supreme court, and six judges, or a mojor part of 
them; which judges are to be appointed for six years. — X. J. (1844), 
Art. G, Sec. 2, cl. 1. 

Sec. 1. The supreme court is continued with general jurisdiction in 
law and equity, subject to such appellate jurisdiction of the court of 
appeals as now is or may be prescribed by law not inconsistent with 
this article. The existing judicial districts of the state are continued 
until changed as hereinafter provided. The supreme court shall con- 
sist of the justices now in office, and of the judges transferred thereto 
by the fifth section of this article, all of whom shall continue to be 
justices of the supreme court during their respective terms, and of 
twelve additional justices who shall reside in and be chosen by the 
electors of, the several existing judicial districts, three in the first dis- 
trict, three in the second, and one in each of the other districts: and 
of i heir successors. The successors of said justices shall be chosen by 
the electors of their respective judicial districts. The legislature may 
alter the judicial districts once after every enumeration under the con- 
stitution, of the inhabitants of the state, and thereupon reapportion the 
justices to be thereafter elected in the districts so altered. — X. Y. (1S94), 
.1/7. <;. 

Sec. 2. The legislature shall divide the state into four judicial de- 
partments. The lirsi depart niciil shall consist of the county of New 
York; the others shall bo bounded by county line's, and be compact and 
equal in population as nearly as may be. Once every ten years the 
legislature may alter the judicial departments, but without increasing 
the number thereof. 

There shall be an appellate division of the supreme court, consisting 
Of seven justices in the first department, and of five justices in each of 
the other depart incuts. Iu each department lour shall constitute a 
quorum, and the concurrence of three shall be necessary to a decision. 
No more than five justices shall sit in any case. 

Prom all the justices elected to the supreme court the governor shall 
designate those who shall constitute the appellate division in each de- 
partment: and lie shall designate the presiding justice thereof, who 



57 

shall act as such during his term of office, and shall be a resident of 
the department. The other justices shall be designated for terms of 
live years, or the unexpired portions of their respective terms of office^ 
if less than five years. From that time as the terms of such designations 
expire, or vacancies occur, he shall make new designations. A majority 
of the justices so designated to sit in the appellate division in each de- 
partment shall be residents of the department. He may also make tem- 
porary designations in case of the absence or inability to act of any jus- 
tice in the appellate division; or in case the presiding justice of any 
appellate division shall certify to him that one or more additional jus- 
tices are needed for the speedy disposition of the business before it. 
Whenever the appellate division in any department shall be unable to 
dispose of its business within a reasonable time, a majority of the pre- 
siding justices of the several departments at a meeting called by the 
presiding justice of the department in arrears may transfer any pending 
appeals from such department to any other department for hearing 
and determination. No justice of the appellate division shall exercise 
any of the powers of a justice of the supreme court, other than those 
of a justice out of court, and those pertaining to the appellate division 
or to the hearing and decision of motions submitted by consent of 
counsel. From and after the last day of December, one thousand eight 
hundred and ninety-five, the appellate division shall have the jurisdic- 
tion now exercised by the supreme court at its general terms, and by 
the general terms of the court of common pleas for the city and county 
of New York, the superior court of the city of New York, the superior 
court of Buffalo and the city court of Brooklyn, and such additional 
jurisdiction as may be conferred by the legislature. It shall have power 
to appoint and remove a reporter. 

The justices of the appellate division in each department shall have 
power to fix the times and places for holding special and trial terms 
therein, and to assign the justices in the departments to hold such 
terms; or to make rules therefor. — N. Y. (1894), Art. 6. 

Sec. 7. The court of appeals is continued. It shall consist of the 
chief judge and associate judges now in office, who shall hold their offices 
until the expiration of their respective terms, and their successors, who 
shall be chosen by the electors of the state. The official terms of the 
chief judge and associate judges shall be fourteen years from and in- 
cluding the first day of January next after their election. Five mem- 
bers of the court shall form a quorum, and the concurrence of four shall 
be necessary to a decision. The court shall have power to appoint and 
to remove its reporter, clerk and attendants. Whenever and as often 
as a majority of the judges of the court of appeals shall certifiy to the 
governor that said court is unable, by reason of the accumulation of 
causes pending therein, to hear and dispose of the same with reasonable 
speed, the governor shall designate not more than four justices of the 
supreme court to serve as associate judges of court of appeals. The 
justices so designated shall be relieved from their duties as justices of 
the supreme court and shall serve as associate judges of the court of 
appeals until the causes undisposed of in said court are reduced to two 
hundred, when they shall return to the supreme court. The governor 
may designate justices of the supreme court to fill vacancies. No justice 
8— Jud. Dept. 



58 

shall serve as associate judge of the eourl of appeals except while hold- 
ing the office of justice of the supreme court, and no more than seven 
indues shall sit in any case. — N. ). (1894), Art. 6. 

See. 6. The supremo com-! shall consist of a chief justice and four 
associate justices. — N. C. (1875), Art. 4. 

Sec. s '-». The supreme court shall consist of three judges, a majority 
of whom shall be necessary to form a quorum or pronounce a decision, 
but one or more of said judges may adjourn the court from day to day 
or to a day certain.— N. Dak. (1889), Art. 4. 

Sec. Hi. The term of office of the judges of the supreme court, except 
as in this article otherwise provided, shall be six years, and they shall 
hold their offices until their successors are duly qualified. — N. Dak. 
I 1889), Art. 4. 

Sec. 92. The judges of the supreme court shall, immediately after 
the lirsi election under this constitution, be classified by lot so that 
one shall hold his office for the term of three years, one for the term of 
five years, and one for the term of seven years from the first Monday in 
December, A. I). 1889. The lots shall be drawn by the judges, who shall 
for that purpose assemble at the seat of government, and they shall 
cause the restilt thereof to be certified to the secretary of the territory 
and tiled in his office, unless the secretary of state of North Dakota shall 
have entered upon the duties of his office, in which event said certification 
shall be tiled therein. The judge having the shortest term to serve, not 
holding his office by election or appointment to fill a vacancy, shall be 
chief justice and shall preside at all terms of the supreme court, and in 
case of his absence the judge having in like manner the next shortest 
term to serve shall preside in his stead. — X. Dak. (1889), Art. 4. See. 92. 

Sec. 2. The supreme court shall, until otherwise provide [provided] 
by law. consist of five judges, a majority of whom competenl to sit shall 
be necessary to form a quorum or to pronounce a decision, except as 
hereinafter provided. It shall have original jurisdiction in quo war- 
ranto, mandamus, habeas corpus and procendo, and such appellate jur- 
isdiction as may be provided by law. h shall hold at least one term in 
each year at the seat of government, and such other terms, there or 
elsewhere, as may be provided by law. The judges of the supreme court 

shall be elected by the electors of the slate at large, for SUCh term, not 

than live years, as the general assembly may prescribe, and they 
shall be elected and their official term shall begin at such time as may 
be fixed by law. In case the general assembly shall Increase the num- 
ber of such judges, the lirsi lerni of each of such additional judges shall 
be such, that in each year after their first election, an equal number of 
judges of the supreme court shall be elected, except in elections to till 
vacancies; ami whenever the number of such judges shall be increased, 
the general assembly may authorize such court to organize divisions 
thereof, not exceeding three, each division t<> consist of an equal number 
of judges; for the adjudication of cases, a majority of each division shall 
constitute a quorum, and such an assignment of the cases to each di- 



59 

vision may be made as such court may deem expedient, but whenever all 
the judges of either division hearing a case shall not concur as to the 
judgment to be rendered (herein, or whenever a case shall involve the 
constitutionality of an act of the general assembly or of an act of con- 
gress, it shall be reserved to the whole court for adjudication. The 
judges of the supreme court in office when this amendment takes effect, 
shall continue to hold their offices until their successors are elected and 
qualified.— Ohio (1851), Art 4 (Amdt. 1883). 

Sec. 3. The supreme court shall consist of five justices until the 
number shall be changed by law. The state shall be divided into five 
supreme court judicial districts until the legislature shall change the 
number of members of the court, at which time the legislature shall re- 
district the state to conform to the number of justices of the supreme 
court. From each of said districts, candidates for justice of the supreme 
court shall be nominated by political parties, or by petitioners of the re- 
spective districts, in the manner provided by law, and such candidates 
shall be voted for by the qualified voters of the state at large, and no 
elector at such election shall vote for more than one candidate for each 
district. The candidate from each district receiving the highest number 
of votes cast in the state at said election shall be declared the justice- 
elect in said district. A majority of the members of the supreme court 
shall constitute a quorum, and the concurrence of the majority of said 
court shall be necessary to decide any question. No person shall be 
eligible to the office of justice of the supreme court unless he shall be 
at the time of his election a citizen of the United States and shall have 
been a resident of the territory embraced within the state for a period 
of two years, and of the territory comprising the district from which 
he is elected for a period of one year; and unless he shall have attained 
the age of thirty years and shall have been a lawyer licensed by some 
court of record, or shall have been a judge of some court of record, or 
such judge and lawyer together at least five years. 

The term of office of the justices of the supreme court shall be six 
years, except as herein provided. Each member of such court shall be 
a conservator of the peace throughout the state ; and in case of a vacancy 
in the membership of said court, the governor shall, by appointment from 
the district, fill such vacancy until the next general election for state 
officers, and at such general election the vacancy for the unexpired term 
shall be filled bv election by the qualified voters of the state. — Okla. 
(1907), Art. 7. 

Sec. 4. The term of office of the justices of the supreme court shall 
commence on the second Monday of January following their election : 
Provided, however, That the term of office of the justices elected at the 
first election under this constitution shall commence upon the admission 
of the state into the union, and shall continue as hereinafter provided. 
Those appointed or elected to fill vacancies shall enter upon the discharge 
of their duties as soon as they qualify. — Okla. (1907), Art. 7. 

Sec. 6. At the first session of the supreme court the justices thereof 
shall elect one of their number chief justice, w T ho shall serve as chief jus- 
lice until the expiration of his term of office; thereafter the chief justice 



GO 

shall be elected in the manner provided by law. Of the justices elected at 
the firsl election, the term of two of them shall expire al the close of the 
da_\ nexl preceding the second Monday in January, nineteen hundred and 
nine: and the term of two of the others shall expire at the dose of the 
day nexl preceding the second Monday in January, nineteen hundred and 
eleven; and the term of the other justice shall expire at the close of the 
day aexi preceding the second Monday in January, nineteen hundred 
and thirteen. The supreme court shall, by order duly entered in its min- 
iii: s, provide tin 1 means of determining by lot the expiration of the terms 
of each ;•!' the justices as hereinbefore provided, and shall determine in 
accordance therewith, and enter in tin 1 minutes of the court its order 
showing the expiration of the term of each of such justices. After the 
first election, justices of the supreme court shall be emoted at the general 
biennial election next preceding the beginning of their respective terms. 
— Okla. (1907), Art. 7. 

Sec. 2. The supreme conn shall consist of four justices, to be chosen 
in districts by the electors thereof, who shall be citizens of the United 
States, and who shall have resided in the state at least three years next 
preceding their election, and after their election to reside in their re- 
spect ivo distriris. The number of justices and districts may be increased, 
but shall not exceed five, until the white population of the state shall 
amount to one hundred thousand, and shall never exceed seven; and 
the boundaries of districts may be changed, but no change of district 
shall have the effect to remove' a judge from office, or require him to 
change his residence without his consent. — Ore. (1857), Art. 7. 

Sec. 5. The judge who has 'the shortest term to serve, or the oldest 
of several having such shortest term, and not holding bv appointment, 
shall be the chief justice.— Ore. (1857), Art. 7. 

Sec. 10. When the white population of the state shall amount to 
two hundred thousand, the legislative assembly may provide for the 
election of supreme and circuit judges in district classes, one of which 
(lasses shall consist of three justices of the supreme court, who shall 
not perform circuit duty, and the other class shall consist of the neces- 
sary number of circuit judges, who shall hold full terms without allot- 
ment, and who shall take the same oath as the supreme judges. — Ore. 
I L857), Art. 7. 

Sec. 2. The supreme court shall consist of seven judges, who shall 
be elected by the qualified electors of the state al large. They shall 
hold their offices for the term of twenty one years, if they so long behave 
themselves well, bu1 shall not be again eligible. The judge whose com- 
mission shall tirst expire shall be chief justice and thereafter each judge 
whose commission shall first expire shall in turn be chief justice. Pa. 
t is;:; i. Art. 5. 

Sec. 17. Should any Iwo or more judges of the supreme court, or any 
two or more judges of the court of common pleas for the same district, 
be elected ;it the same time, they shall, as soon after the election as 
convenient, cast lots for priority of commission and certify tin 1 result to 



•Gl 

the governor, who shall issue their commissions in accordance therewith. 
—Pa. (1873),, Art. 5. 

Sec. 2. The supreme court shall consist of a chief justice and three 
associate justices, any three of whom shall constitute a quorum for the 
transaction of business. The chief justice shall preside, and in his ab- 
sence the senior associate justice. They shall be elected by a joint viva 
voce vote of the general assembly for the term of eight years, and shall 
continue in office until their successors shall be elected and qualified, 
and shall be so .classified that one of them shall go out of office every 
two years.— S. C. (1895), Art. 5. 

Sec. 12. In all cases decided by the supreme court the concurrence of 
three of the justices shall be necessary for a reversal of the judgment 
below, but if the four justices equally divide in opinion the judgment 
below shall be affirmed, subject to the provisions hereinafter prescribed. 
Whenever, upon the hearing of any cause or question before the supreme 
court, in the exercise of its original or appellate jurisdiction, it shall 
appear to the justices thereof, or any two of them, that there is in- 
volved a question of constitutional law, or of conflict between the con- 
stitution and laws of this state and of the United States, or between 
the duties and obligations of her citizens under the same, upon the 
determination of which the entire court is not agreed; or whenever the 
justices of said court, or any two of them, desire it on any cause or 
question so before said court, the chief justice, or in his absence the 
presiding associate justice, shall call to the assistance of the supreme 
court all of the judges of the circuit court: Provided, hoioever, That 
when the matter to be submitted is involved in an appeal from the cir- 
cuit court, the circuit judge who tried the cause shall not sit. A ma- 
jority of the justices of the supreme court and circuit judges shall con- 
stitute a quorum. The decision of the court so constituted, or a ma- 
jority of the justices and judges sitting, shall be final, and conclusive. 
In such case the chief justice, or in his absence the presiding associate 
justice, shall preside. Whenever the justices of the supreme court and 
the circuit judges meet together for the purposes aforesaid, if the num- 
ber thereof qualified to sit constitute an even number, then one of the 
circuit judges must retire; and the circuit judges present shall determine 
by lot which of their number shall retire. — S. C. (1895), Art. 5. 

Sec. 5. The supreme court shall consist of three judges, to be 
chosen from districts by qualified electors of the state at large, as here- 
inafter provided.— £. D. (1889), Art. 5. 

Sec. 6. The number of said judges and districts may after five years 
from the admission of this state under this constitution, be increased 
by law to not exceeding five. — S. D. (1889), Art. 5. 

Sec. 7. A majority of the judges of the supreme court shall be 
necessary to form a quorum or to pronounce a decision, but one or more 
of said judges mav adjourn the court from dav to dav, or to a day cer- 
tain.— &. D. (1889), Art. 5. 



See. 8. The term of the judges <>{' the supreme court, who shall be 
elected at the firsl election under iliis constitution, shall be lour years. 
At all subsequenl elections the term of said judges shall be six years. 
& D. i L889), Art. 5. 

Sec. 9. The judges of the supreme court shall l>y rule select from 
their Dumber a presiding judge, who shall act as such for the term 
prescribed by such rule. — 8. I). \\^\)). Art. ."i. 

Sec 2. The supreme court shall consist of five judges, of whom not 
more than two shall reside in any one of the grand divisions of the state. 
The judges shall designate one of their own number who shall preside 
as chief justice. The concurrence of three of the judges shall, in every 
ease, be necessary to a dieision. The jurisdiction of this court shall 
lie appellate only .under such restrictions and regulations as may. from 
time to time, be prescribed by law; but it may possess such other juris- 
diction as is now conferred by law on the present supreme court. Said 
court shall be held at Knoxville. Nashville and Jackson. — Tcnn. (1870), 
.lrf.6. 

See. 2. The supreme court shall consist of a chief justice and two 
associate justices, any two of whom shall constitute a quorum, and the 
concurrence of two judges shall be necessary to the decision of a case. 
No person shall be eligible to the office of chief justice or associate jus- 
tice of the supreme court unless he be, at the time of his election, a 
citizen of the United States and of this state, and unless he shall have 
attained the age of thirty years, and shall have been a practicing lawyer 
or a judge of a court, or such lawyer and judge together, at least seven 
years. Said chief justice and associate justices shall be elected by the 
qualified voters of the state at a general election, shall hold their offices 
six years or until their successors are elected and qualified, and shall 
each receive an annual salary of four thousand dollars until otherwise 
provided by law. In case of a vacancy in the office of chief justice of the 
supreme court the governor shall fill the vacancy until the next general 
election for the state officers, and at such general election the vacancy 
for the unexpired term shall be filled by election by the qualified voters 
of the state. The judges of the supreme court who may be in office 
at the time of this amendment takes ell'ect shall continue in office until 
the expiration of their term of office under the present constitution, and 
until their successors are elected and qualified. — Tex. (1875), Art. 5 
i Amdt.). 

See. 1. The court of criminal appeals shall consist of three judges, 
any two of whom shall constitute a quorum, and the concurrence of 
two judues shall be necessary to a decision of said court; said judges 
shall have tin 1 same qualifications and receive the same salaries as the 
judges of the supreme court. They shall be elected by the qualified 
voters of the state at a general election, and shall hold their offices for a 
term of six years. In cast 4 of a vacancy in the office of a judge of the 
court of criminal appeals the governor shall till such vacancy by ap- 
pointment for the unexpired term. The judges of the court of appeals 
who may be in office at the time when this amendment takes effect shall 



63 

continue in office until the expiration of their term of office under the 
present constitution and laws as judges of the court of criminal ap- 
peals.— Tex. (1875),Ar£.5 {Amdt.). 

Sec. 2. The supreme court shall consist of three judges; but after 
the year A. D. 1905, the legislature may increase the number thereof 
To five. A majority of the judges constituting the court shall be neces- 
sary to form a quorum or render a decision. If a justice of the supreme 
court shall be disqualified from sitting in a cause before said court, the re- 
maining judges shall call a district judge to sit with them on the hear- 
ing of such cause. The judges of the supreme court shall be elected 
by the electors of the state at large. The term of office of the judges 
of the supreme court, excepting as in this article otherwise provided, 
shall be six years. The judges of the supreme court, immediately after 
the first election under this constitution, shall be selected by lot, so 
that one shall hold office for the term of three years, one for the term 
of five years, and one for the term of seven years. The lots shall be 
drawn by the judges of the supreme court, who, for that purpose, shall 
assemble at the seat of government; and they shall cause the result 
thereof to be certified by the secretary of state, and filed in his office. 
The judge having the shortest term to serve, not holding his office by ap- 
pointment or election to fill a vacancy, shall be the chief justice, and shall 
preside at all terms of the supreme court, and in case of his absence, the 
judge, having in like manner, the next shorest term, shall preside in 
his stead— Utah (1896), Art. 8. 

Art. 26. The judges of the supreme court shall be elected biennially, 
and their term of office shall be two years. — Vt. (1793), Amdt. Art. 26. 

Sec. 88. The supreme court of appeals shall consist of five judges, 
any three of whom may hold a court. It shall have original jurisdiction 
in cases of habeas corpus, mandamus, and prohibition; but in all other 
cases, in which it shall have jurisdiction, it shall have appellate juris- 
diction only. 

Subject to such reasonable rules, as may be prescribed by law, as to 
the course of appeal, the limitation as to time, the security required, if 
any, the granting or refusing of appeals, and the procedure therein, it 
shall, by virtue of this constitution, have appellate jurisdiction in all 
cases involving the constitutionality of a law as being repugnant to the 
constitution of this state or of the United States, or involving the life 
or liberty of any person; and it shall also have appellate jurisdiction 
in such other cases, within the limits hereinafter defined, as may be pre- 
scribed by law r ; but no appeal shall be allowed to the commonwealth 
in any case involving the life or liberty of a person, except that an 
appeal by the commonwealth may be allowed by law in any case involv- 
ing the violation of a law relating to the state revenue. No bond shall 
be required of any accused person as a condition of appeal, but a super- 
sedeas bond may be required where the only punishment imposed in 
the court below is a fine. 

The court shall not have jurisdiction in civil cases wiiere the matter 
in controversy, exclusive of costs and of interest accrued since the judg- 
ment in the court below, is less in value or amount than three hundred 



64 

dollars, except in controversies concerning the title i<». or boundaries of 
land, the condemnation of property, the probate of a vn ill the appointment 
or qualification of a personal representative, guardian, committee, or 
curator, or concerning a mill, roadway, ferry, <m Landing, or the right 
of the state, county, or municipal corporation, to levj tolls or taxes, 
or involving the construction of any statute, ordinance or county pro 
ceeding imposing taxes; and, except in cases of habeas corpus, mandamus, 
and prohibition, the constitutionality of n law, or sonic other matter 
not merely pecuniary. Aiter the yeai nineteen hundred and i<m the 
general assembly may change the jurisdiction of the court in matters 
merely pecuniary. The assent of ;ii least three of the judges slmll be 
required for the court to determine that any law is, or is not, repugnant 
to the constitution of Hiis state or of the United States; and if, in a case 
involving the constitutionality of anj such law, not more than two of the 
judges sitting agree in opinion on the constitutional question involved, 
;mil the case cannot be determined, without passing on such question, 
no decision slmll Im* rendered therein, but the case shall l><> reheard i>.\ 
;i Pull court ; ;m<l in no case where the jurisdiction of the court depends 
solely npon the Pact that the constitutionality of a law is involved, slmll 
the court decide the case upon its merits, unless the contention ol* the 
appellant upon the constitutional question be sustained. Whenever the 
requisite majority of the judges sitting are unable to agree upon a 
decision, the case slmll be reheard by a full bench, and anj vacancy 
caused i>\ ;in\ one or more of the judges being unable, unwilling, or 
disqualified to sit, shall !»<■ temporarily filled in ;i manner to be pre- 
scribed bj law, I '/. ( L902), Art. 6. 

See. 91. The judges of the supreme court of appeals shall !><• chosen 
i»\ the joint vote of the two bouses of the general assembly. They shall, 
when chosen, have held ;i judicial station in the United sinies, or shall 
have practiced law in iliis or some other state for five years. A.1 (lie 
first election under iliis constitution, the general assembly shall elect the 
judges for terms of four, six, eight ten, and twelve years respectively; 
and thereafter they shall !"• elected for terms of twelve years. I <:. 
i L902), \n. 6. 

Sec. 2. The supreme court shall consist of five judges, a majority 
of whom shall be necessary to form a quorum and pronounce a decision! 
The snid court shall always i«' open for the transaction of business 
except on non-judioial days. In the determination of causes, nil de 
cisions of the court shall l><' given in writing, and the grounds of the 
decision shall be stated. The legislature may increase the number of 
judges of the supreme court from lime lo lime, and may provide Pot 
separate departments of said court. Wash. (1889), \n. I. 



Sec. ::. The judges of the supreme courl shall be elected by the 
qualified electors of the state ;ii large, at the general state election, at 
1 1 1" times and places at which state officers are elected, unless some other 
lime i<> in- provided by Hie legislature. The first election of judges of 
the supreme court shall be ;ii the election which shall be held upon 
the adoption of this constitution, and the judges elected thereat shall 

he classified, I»\ lot, so Hint two slinll hold Iheir office Por Hm term Of 



65 

three years, two for a term of Ave years, nnd one For the term of seven 
years. The lot shall be drawn by the judges, who shall for thai purpose 
assemble al the seal of government, and they shall cause the resull there- 
of to be certified to the secretary of state, and filed in his office. The 
judge having the shortesl term to serve, ao1 holding Ins office by ap- 
pointmenl or election to All a vacancy, shall be the chief justice, and 
slmll preside a1 all sessions of the supreme court, and in case there 
shall be two judges having in like manner the same short term, the 
other judges of the supreme courl shall determine which of them shall 
be chief justice, in case of the absence of the chief justice, the judge 
having in like manner the shortesl or next shortesl term to serve shall 
preside. Alter the first election the terms of judges shall be six years 
Irom and niter the second Monday in January next succeeding their 
election. If a vacancy occur in the office of a judge of the supreme 
court, the governor shall appoinl a person to hold the office until the 
election and qualification of a judge to fill the vacancy, which election 
shall take place a1 the next succeeding general election, and the judge 
so elected slmll hold the office for the remainder of the unexpired term. 

The term of office of (he judges Of the Supreme court, first elected, slmll 

commence as soon as the state shall have been admitted into the union, 

and continue for the term herein provided, and until their successors 
are elected nnd (pmlified. The sessions of the supreme court slmll be 

held at the sent of government until otherwise provided by law. -Wash. 
(1889), Art. 4. 

Sec. 2. The supreme court of appeals slmll consist of five judges. 
Those judges in office when this ninendment Inkos elf'ect slmll continue 
in office until their terms slmll expire, nnd the lo^islnluro slmll provide; for 
the election of an additional judge of said court a1 the next general 
election, whose term slmll begin on the first day of January, one thousand 
nine hundred nnd five, nnd the governor slmll, ns for a vacancy, appoint 
a judge of said court: to hold office until the first day of January, one 
thousand nine hundred nnd five. The judges of (he supreme courl of 
appeals nnd of the eircuit courts slmll receive such salaries ns slmll be 
fixed bv law, for those now in or those hereafter to come into office. 
W. Va. (1872), Art. S (Amdt. L902). 

Sec. l. Xo decision rendered by the supreme court of appeals slmll be 
considered ns binding authority upon any of Hut inferior courts of this 
state, except in tint particular case decided, unless such decision is con- 
curred in by at least three judges of said court. — W. Va. (1872), Art. S. 

Sec. 4. The chief justice nnd associate justices of (he supreme court 
slmll be severally known as the jusiices of said court, with the same 
terms of office of ten years respectively as now provided. Tin; supreme 
court slmll consist of seven justices, any (out- of whom shall be a quorum, 
to be elected as now provided, not more than one each yaw. The justice 
having been longest a continuous member of said court, or in case two 
or more such senor justices slmll have served for the same length of 
time, then the one whose commission first expires shall be ex-officio, the 
chief justice.— Wis. (1848), Art. 7 (Amdt. L90S). 
9— Jud. Dcpt. 



66 

Sec. 4. The supreme court of the slate shall consist of three justices 
who shall he elected by the qualified electors of the state at a general 
state election at the times and places at which state officers are elected; 
and their term of office shall he eight (S) years, commencing from and 
after the first Monday in January next succeeding their election; and the 
justices elected at the first election after this constitution shall go into 
effed shall, at their first meeting provided by law, so classify themselves 
by lot that one of them shall go out of office at the end of four (4) years, 
and one at the end of six (6) years, and one at the end of eight (8) years 
from the commencement of their term, and an entry of such classification 
shall he made in record of the court and signed by them, and a dupli- 
cate thereof shall be filed in the office of the secretary of state. The jus- 
tice having the shortest term to serve and not holding his office by ap- 
pointment or election to fill a vacancy, shall be the chief justice and shall 
preside at all terms of the supreme court, and, in case of his absence, the 
justice having in like manner the next shortest term to serve, shall pre- 
side in his stead. If a vacancy occur in the office of a justice of the su- 
preme court, the governor shall appoint a person to hold the office until 
the election and qualification of a person to fill the unexpired term oc- 
casioned by such vacancy, which election shall take place at the next 
succeeding general election. The first election of the justices shall be 
at the first general election after this constitution shall go into effect. — 
Wyo. (1889), Art. 5. 

Sec. 5. A majority of the justices of the supreme court shall be nec- 
essary to constitute a quorum for the transaction of business. — Wyo. 
(1889), Art 5. 



POWERS AND JURISDICTION OF SUPREME COURT. 

(75) Sec. 3. The supreme court shall have a general superintending 
con fro! over all inferior courts, and shall have power to issue writs of 
error, habeas Corpus, mandamus, quo warranto, procedendo, and other 
original and remedial writs, and to hear and determine the same. In all 
other rases it shall have appellate jurisdiction only. — Mich. (1850) 
Art. 6. 

Sec. 140. Except in cases otherwise directed in this constitution, the 
supreme court shall have appellate jurisdiction only, which shall be 
coextensive with the state, under such restrictions and regulations, not 
repugnant to this constitution, as may from time to time be prescribed 
by law, except where jurisdiction over appeals is vested in some inferior 
court, and made final therein: Provided, That the supreme court shall 
have } tower to issue writs of injunction, habeas corpus, quo warranto, 
and such other remedial and original writs as may be necessary to give 
it a general superintendence and control of inferior jurisdictions. — Ala. 
(1901), Art. 6. 

Sec. 4. The supreme court, except in cases otherwise provided by 
this constitution, shall have appellate jurisdiction only, which shall be 
coextensive with the state, under such restrictions as may from time 



67 

to time be prescribed by law. It shall have a general superintending 
control over all inferior courts of law and equity; and, in aid of its 
appelate and supervisory jurisdiction, it shall have power to issue writs 
of error and supersedeas, certiorari, habeas corpus, prohibition, man- 
damus and quo warranto, and other remedial writs, and to hear and 
determine the same. Its judges shall be conservators of the peace 
throughout the state, and shall severally have power to issue any of the 
aforesaid writs. — Ark. (1874), Art. 7. 

Sec. 5. In the exercise of original jurisdiction the supreme court 
shall have power to issue writs of quo warranto to the circuit judges 
and chancellors when created, and to officers of political corporations 
when the question involved is the legal existence of such corporations. — 
Ark. (1874), Art. 7. 

Sec. 4. The supreme court shall have appellate jurisdiction in all 
cases in equity, except such as arise in justices' courts; also, in all 
cases at law which involve the title or possession of real estate, or the 
legality of any tax, impost, assessment, toll, or municipal fine, or in 
which the demand, exclusive of interest, or the value of the property 
in controversy, amounts to three hundred dollars; also, in cases of for- 
cible entry and detainer, and in proceedings in insolvency, and in actions 
to prevent or abate a nuisance, and all such probate matters as may be 
provided by law; also, in all criminal cases prosecuted by indictment 
or information in a court of record on questions of law alone. The 
court shall also have power to issue w r rits of mandamus, certiorari, 
prohibition, and habeas corpus, and all other writs necessary or proper 
to the complete exercise of its appelate jurisdiction. Each of the justices 
shall have power to issue writs of habeas corpus to any part of the state, 
upon petition by or on behalf of any person held in actual custody, and 
may make such writs returnable before himself, or the supreme court, or 
before anv superior court in the state, or before any judge thereof. — 
Col. (1880), Art. 6. 

Sec. 2. The supreme court, except as otherwise provided in this con- 
stitution, shall have appellate jurisdiction only, which shall be co-exten- 
sive with the state, and shall have a general superintending control over 
all inferior courts, under such regulations and limitations as may be 
prescribed by law. — Colo. (1876), Art. 6. 

Sec. 3. It shall have power to issue writs of habeas corpus, mandamus, 
quo warranto, certiorari, injunction, and other remedial writs, with au- 
thority to hear and determine the same; and each judge of the supreme 
court shall have like poAver and authority as to writs of habeas corpus. 
The supreme court shall give its opinion on important questions upon 
solemn occasions when required by the governor, the senate or the house 
of representatives ; and all such opinions shall be published in connection 
with the reported decisions of said court. — Colo. (1876), Art. 6. 

Sec. 12. The supreme court shall have juridiction as follows: 

(1). To issue writs of error to the superior court and to determine 



68 

finally all matters in error in the judgments and proceedings of said 
superior court. 

(2). To issue upon application of the accused, after conviction and 
sentence, writs of error to the court of over and terminer and the court 
of general sessions in all cases in which the sentence shall be death, im- 
prisonment exceeding one month, or fine exceeding one hundred dollars, 
and in such other cases as shall be provided by law; and to determine 
finally all matters in error in the judgments and proceedings of said 
court of oyer and terminer and court of general sessions in such cases: 
Provided, however, That there shall be no writ of error to the court of 
general sessions in cases of prosecution under section 8 of article 5 of 
this constitution. 

(3). To receive appeals from the court of general sessions in cases of 
prosecution under section 8 of article 5 of this constitution, and to de- 
termine finally all matters of appeal in such cases. 

(4). To receive appeals from the court of chancery, and to determine 
finally all matters of appeals in the interlocutory of final decrees and to 
proceedings in chancery. 

(5). To issue writs of prohibition, certiorari and mandamus to the 
superior court, the court of oyer and terminer, the court of general ses- 
sions, the court of chancery and the orphans' court, or any of the judges 
of the said courts, and all orders, rules and processes proper to give 
effect to the same. The general assembly shall have power to provide by 
law of what judges of the supreme court shall consist for the purpose 
of this paragraph and in what manner, and by what judges of the su- 
preme court the jurisdiction and power hereby conferred may be exer- 
cised in vacation. — Del (1897),- Art 4. 

Sec. 5. The supreme court shall have appellate jurisdiction in all 
cases at law and in equity originating in circuit courts, and of appeals 
from the circuit courts in cases arising before judges of the county courts 
in matters pertaining to their probate jurisdiction and in the management 
of the estates of infants, and in cases of conviction of felony in the crim- 
inal courts, and in all criminal cases originating in the circuit courts. 
The court shall have the powder to issue writs of mandamus, certiorari, 
prohibition, quo warranto, habeas corpus and also all writs necessary 
or proper to the complete exercise of its jurisdiction. Each of the justices 
shall have power to issue writs of habeas corpus to any part of the state 
upon petition by or on behalf of any person held in actual custody, and 
may make such writs returnable before himself or the supreme court, or 
any justice thereof, or before any circuit judge. — Fla. (1885), Art. 5. 

Sec. 2. Tar. 5. The supreme court shall have no original jurisdic- 
tion, but shall be a court alone for the trial and correction of errors 
from the superior courts, and from the city courts of Atlanta and Sa- 
vannah, and such other like courts as may be hereafter established in 
other cities; and shall sit at the seat of government, at such time in each 
year as shall be prescribed by law, for the trial and determination of 
writs of error from said superior and city courts. — Ga. (1877), Art. 6. 

Sec. 2. Par. C>. The supreme court shall dispose of every case at the 
first or second term after such writ or error is brought; and in case the 



69 

plaintiff in error shall not be prepared at the first term to prosecute the 
case — unless prevented by providential cause — it shall be stricken from 
the docket, and the judgment below shall stand affirmed. — Ga. (1877), 
Art. 6. 

Sec. 2. Par. 7. In any case the court may, in its discretion, withhold 
its judgment until the next term after the same is argued. — Ga. (1877), 
Art. 6. 

Sec. 9. The supreme court shall have jurisdiction to review, upon 
appeal, any decision of the district courts, or the judges thereof. The 
supreme court shall also have original jurisdiction to issue writs of 
mandamus, certiorari, prohibition, and habeas corpus, and all writs neces- 
sary or proper to the complete exercise of its appellate jurisdiction. — 
Idaho (1889), Art. 5. 

Sec. 10. The supreme court shall have original jurisdiction to hear 
claims against the state, but its decision shall be merely recommendatory; 
no process in the nature of execution shall issue thereon; they shall be 
reported to the next session of the legislature for its action. — Idaho 
(1889), Art. 5. 

Sec. 4. The supreme court shall have jurisdiction, co-extensive with 
the limits of the state, in appeals and writs of error, under such regu- 
lations and restrictions as may be prescribed by law. It shall also have 
such original jurisdiction as the general assembly may confer. — hid. 
(1851), Art. 7. 

Sec. 4. The supreme courts shall have appellate jurisdiction only in 
cases in chancery, and shall constitute a court for the correction of errors 
at law, under such restrictions as the general assembly may by law pre- 
scribe; and shall have power to issue all writs and process necessary to 
secure justice to parties and exercise a supervisory control over all in- 
ferior judicial tribunals throughout the state. — loiva (1857), Art. 5. 

Sec. 3. The supreme court shall have original jurisdiction in proceed- 
ings in quo warranto, mandamus and habeas corpus; and such appellate 
jurisdiction as may be provided by law. It shall hold one term each 
year at the seat of government, and such other terms at such places as 
may be provided bv law, and its jurisdiction shall be co-extensive with the 
state.— Kan. (1859), Art. 3. 

Sec. 110. The court of appeals shall have appellate jurisdiction only, 
which shall be co-extensive with the state, under such restrictions and 
regulations not repugnant to this constitution, as may from time to 
time be prescribed by law. Said court shall have power to issue such 
writs as may be necessary to give it a general control of inferior juris- 
dictions.— Ky. (1891), Sec. 110. 

Art. 85. The supreme court, except as hereinafter provided, shall 
have appellate jurisdiction only, which jurisdiction shall extend to all 
cases where the matter in dispute, or the fund to be distributed, what- 



70 

over may be the amount therein claimed, shall exceed two thousand 
dollars, exclusive of interest; to suits for divorce and separation from 
bed and board, and to all matters arising therein; to suits involving 
alimony, for the nullity of marriage, or for interdiction; to all matters of 
adoption, emancipation, legitimacy, and custody of children; to suits 
involving homestead exemptions, and to all cases in which the constitu- 
tionality or legality of any tax, toll or impost whatever, or of any fine, 
forfeiture, or penalty imposed by a municipal corporation, shall be in 
contestation, whatever may be the amount thereof, and to all cases 
wherein an ordinance of a municipal corporation or a law of this state 
has been declared unconstitutional, and in such cases the appeal on the 
law and the facts shall be directly from the court in which the case origi- 
nated to the supreme court; and to criminal cases on questions of law 
alone, whenever the punishment of death or imprisonment at hard labor 
may be inflicted, or a fine exceeding three hundred dollars, or imprison- 
ment exceeding six months, is actually imposed. Said court shall have 
such original jurisdiction as may be necssary to enable it to determine 
questions of fact affecting its own jurisdiction in any case pending be- 
fore it, or it may remand the case; and shall have exclusive original 
jurisdiction in all matters touching professional misconduct of members 
of the bar, with power to disbar under such rules as may be adopted by 
the court.— La. (1898), Art. 85. 

Art. 93. The supreme court, and each of the justices thereof, shall 
have power to issue the writ of habeas corpus, at the instance of any 
person in actual custodv, in any case where it mav have appellate juris- 
diction.— La. (189S), Art. 93. 

Art. 94. The supreme court shall have control and general supervision 
over all inferior courts. The court, or any justice thereof, shall have 
power to issue writs of certiorari, prohibition, mandamus, quo war- 
ranto, and other remedial writs. — La. (1898), Art. 91. 

Art. 98. The courts of appeal, except as otherwise provided in this 
constitution, shall have appellate jurisdiction only, when jurisdiction 
shall extend to all cases, civil or probate, when the matter in dispute 
or the funds to be distributed shall exceed one hundred dollars, exclusive 
of interest, and shall not exceed two thousand dollars exclusive of inter- 
est.— />«. (1898), .1/7. 98. 

Sec. 146. The supreme court shall have such jurisdiction as properly 
belongs to a court of appeals.— Miss. (1890), Art. (>. 

Sec. 2. The supreme court, except in cases otherwise directed by 
this constitution, shall have 4 appellate jurisdiction only, which shall be 
coextensive with the state under the restrictions and limitations in 
this constitution provided.- Mo. (1875), Art. 6. 

Sec. 3. The supreme court shall have a general superintending con- 
trol over all inferior courts. If shall have power to issue writs of 
habeas corpus, mandamus, quo warranto, certiorari and other original 
remedial writs, and to hear and determine the 1 same. — Mo. (1875), Art. (>. 



71 

Sec. 5. Jn all causes or proceedings reviewable by the supreme court, 
writs of error shall run from the supreme court directly to the circuit 
courts and to courts having the jurisdiction pertaining to circuit courts, 
and in all such causes or proceedings, appeals shall lie from such trial 
courts directly to the supreme court, and the supreme court shall 
have exclusive jurisdiction of such writs of error and appeals, and 
shall in all such cases exclusivelv exercise superintending control over 
such trial courts.— Mo. (1875), (Amdt. 1884). 

Sec. 8. The supreme court shall have superintending control • over 
the courts of appeals bv mandamus, prohibition and certiorari. — Mo. 
(1875), Amdt. 1884. 

Sec. 2. The supreme court, except as otherwise provided in this con- 
stitution, shall have appellate jurisdiction only, which shall be co-ex- 
tensive with the state, and shall have a general supervisory control 
over all inferior courts, under such regulations and limitations as may 
be prescribed by law. — Mont. (1889), Art. 8. 

Sec. 3. The appellate jurisdiction of the supreme court shall extend 
to all cases at law and in equity, subject, however, to such limitations 
and regulations as may be prescribed by law. Said court shall have 
power in its discretion to issue and to hear and determine writs of 
habeas corpus, mandamus, quo-warranto, certiorari, prohibition and 
injunction, and such other original and remedial writs as may be neces- 
sary or proper to complete exercise of its appellate jurisdiction. When 
a jury is required in the supreme court to determine an issue of fact, 
said court shall have power to summon such jury in such manner as 
may be provided by law. Each of the justices of the supreme court 
shall have poAver to issue writs of habeas corpus to any part of the 
state, upon petition by or on behalf of, any person held in actual cus- 
tody, and may make such writs returnable before himself, or the su- 
preme court, or before any district court of the state or any court, or 
before any district court of the state or any judge thereof; and such 
writs may be heard and determined by the justice or court, or judge, 
before whom they are made returnable. Each of the justices of the 
supreme court may also issue and hear and determine writs of cer- 
tiorari in proceedings for contempt in the district court, and such 
other writs as he may be authorized by law to issue. — Mont. (1889), 
Art. 8. 

Sec. 4. The supreme court shall have appellate jurisdiction in all 
cases in equity ; also, in all cases at law in which is involved the title 
or right of possession to, or the possession of, real estate or mining 
claims, or the legality of any tax, impost, assessment, toll or munici- 
pal fine, or in which the demand (exclusive of interest) or the value 
of the property in controversy exceeds three hundred dollars; also, in 
all other civil cases not included in the general subdivisions of law and 
equity, and also on questions of law alone in all criminal cases in 
which the offense charged amounts to felony. The court shall also 
have power to issue writs of mandamus, certiorari, prohibition, quo 
warranto and habeas corpus, and also all writs necessary or proper to 



72 

the complete exercise of its appellate jurisdiction. Each of the justices 
shall have power to issue writs of habeas corpus to any part of the state 
upon petition by, or on behalf of, any person held in actual custody, and 
may make such writs returnable before himself or the supreme court, or 
before any district court in the state, or before any judge of said court. — 
A r ei>. i L864), Art. 6. 

1. The supreme court shall consist of a chief justice and four associate 
justices. The number of associate justices may be increased or decreased 
by law, but shall never be less than two. — N. J. (1844), AYt. 6, $ec. 5 r 
67. 1. 

Sec. 8. When a vacancy shall occur otherwise than by expiration of 
term, in the office of chief or associate judge of the court of appeals, the 
same shall be filled, for a full term, at the next general election happen- 
ing not less than three months after such vacancy occurs; and until the 
vacancy shall be so filled the governor, by and with the advice and consent 
of the senate, if the senate shall be in session, or if not in session the 
governor may fill such vacancy by appointment. Tf any such appointment 
of chief judge shall be made from among the associate judges, a tempor- 
ary appointment of associate judge shall be made in like manner; but in 
such case, the person appointed chief judge shall not be deemed to 
vacate his office of associate judge any longer than until the expiration 
of his appointment as chief judge. The powers and jurisdiction of the 
court shall not be suspended for want of appointment or election, when 
the number of judges is sufficient to constitute a quorum. All appoint- 
ments under this section shall continue until and including the last 
dav of December next after the election at which the vacancv shall be 
filled.— A'. Y. (1894), Art. G. 

Sec. 0. After the last day of December, one thousand eight hundred 
and ninety-five, the jurisdiction of the court of appeals, except where 
the judgment is of death, shall be limited to the review of questions of 
law. No unanimous decision of the appellate division of the supreme 
court that there is evidence supporting or tending to sustain a finding 
of fact or a verdicl not directed by the court, shall be reviewed by the 
court of appeals. Except where the judgment is of death, appeals may 
be taken, as of right, to said court only from judgments or orders entered 
upon decisions of the appellate division of the supreme court, finally 
determining net ions or special proceedings, and from orders granting 
new trials on exceptions, where the appellants stipulate that upon affirm- 
ance judgment absolute shall be rendered against them. The appellate 
division in any department may, however, allow an appeal upon any 
question of law which, in its opinion, ought to be reviewed by the court 
of appeals. 

The legislature may further restrict the jurisdiction of the court of 
appeals and the right of appeal thereto, but the right to appeal shall not 
depend upon the amount involved. 

The provisions of this section shall not apply to orders made or judg- 
ments rendered by any general term before the last day of December, 
one thousand eight hundred and ninety-five, but appeals therefrom may 
be taken under existing provisions of law. — N. Y. (1894), Art. 6. 



73 

Sec. 8. The supreme court shall have jurisdiction to review, upon 
appeal, any decision of the courts below, upon any matter of law or legal 
interference. And the jurisdiction of said court over "issues of fact" 
and "questions of fact" shall be the same exercised by it before the 
adoption of the constitution of one thousand eight hundred and sixty- 
eight, and the court shall have the power to issue any remedial writs 
necessary to give it a general supervision and control over the proceedings 
of the inferior courts.— N. C. (1875), Art. 4. 

Sec. 86. The supreme court, except as otherwise provided in this con- 
stitution, shall have appellate jurisdiction only, which shall be co-ex- 
tensive with the state and shall have a general superintending control 
over all inferior courts under such regulations and limitations as may 
be prescribed by law.— N. Dak. (1889), Art. 4. 

Sec. 87. It shall have power to issue writs of habeas corpus, manda- 
mus, quo warranto, certiorari, injunction and such other original and 
remedial writs as may be necessary to the proper exercise of its jurisdic- 
tion, and shall have authority to hear and determine the same : Provided, 
Jwicever, That no jury trial shall be allowed in said supreme court, but 
in proper cases questions of fact may be sent by said court to a district 
court for trial.— N. Dak. (1889), Art. 4. 

Sec. 2. The appellate jurisdiction of the supreme court shall be co- 
extensive with the state, and shall extend to all civil cases at law and in 
equity, and to all criminal cases until a criminal court of appeals with 
exclusive appellate jurisdiction in criminal cases shall be established by 
law. The original jurisdiction of the supreme court shall extend to a 
general superintending control over all inferior courts and all commis- 
sions and boards created by law. The supreme co.urt shall have power to 
issue writs of habeas corpus, mandamus, quo warranto, certiorari, pro- 
hibition and such other remedial writs as may be provided by law, and 
to hear and determine the same; and the supreme court may exercise 
such other and further jurisdiction as may be conferred upon it by law. 
Each of the justices shall have power to issue writs of habeas corpus to 
any part of the state upon petition by or on behalf of any person held in 
actual custody, and make such writs returnable before himself, or be- 
fore the supreme court, or before any district court, or judge thereof, in 
the state.— Okla. (1907), Art. 7. 

Sec. 6. The supreme court shall have jurisdiction only to revise the 
final decisions of the circuit courts; and every cause shall be tried, and 
every decision shall be made by those judges only, or a majority of them, 
who did not trv the cause or make the decision in the circuit court. — 

Ore. (1857), Art. 7. 

Sec. 3. The jurisdiction of the supreme court shall extend over the 
state, and the judges thereof shall by virtue of their offices, be justices 
of oyer and terminer and general jail delivery in the several counties; 
they shall have original jurisdiction in cases of injunction w T here a cor- 
poration is a party defendant, of habeas corpus, of mandamus to courts 
of inferior jurisdiction, and of quo warranto as to all officers of the 
10— Jud. Dept. 



74 

commonwealth whose jurisdiction extends over the state, but shall not 
exercise any oilier original jurisdiction; they shall have appellate juris- 
diction by appeal, certiorari, or writ of error in all cases, as is now or 
may hereafter be provided by law. — Pa. (1873), Art. 5. 

Sec. 1. The supreme court shall have final revisory and appellate 
jurisdiction upon all questions of law and equity. It shall have power 
to issue prerogative writs, and shall also have such other jurisdiction as 
may. from time to time, be prescribed by law. A majority of its judges 
shall always be necessary to constitute a quorum. The inferior courts 
shall have such Jurisdiction as may, from time to time, be prescribed by 
law.— R. I. (1842), (Amdt.) Art. 12. 

Sec. 4. The supreme court shall have power to issue writs or orders 
of injunction, mandamus, quo warranto, prohibition, certiorari, habeas 
corpus and other original and remedial writs. Any said court shall have 
appellate jurisdiction only in cases of chancery, and in such appeals they 
shall review the findings of fact as well as the law, except in chancery 
cases where the facts are settled by a jury and the verdict not set aside, 
and shall constitute a court for the correction of errors at law under 
such regulations as the general assemblv may by law prescribe. — S. C. 
(1895), Art. 5. 

Sec. 25. Each of the justices of the supreme court and judges of the 
circuit court shall have the same power at chambers to issue writs of 
habeas corpus, mandamus, quo warranto, certiorari, prohibition and in- 
terlocutory writs or orders of injunction as when in open court. The 
judges of the circuit courts shall have such powers at chambers as the 
general assembly may provide. — S. C. (1895), Art. 5. 

Sec. 2. The supreme court, except as otherwise provided in this con- 
stitution, shall have appellate jurisdiction only, which shall be co-exten- 
sive with the state, and shall have a general superintending control over 
all inferior courts under such regulations and limitations as may be 
prescribed by law.--N. /). (1889), Art. 5. 

Sec. 3. The supreme court and the judges thereof shall have power 
to issue writs of habeas corpus. The supreme court shall also have 
power i<> issue writs of mandamus, quo warranto, certiorari, injunction 
and oilier original and remedial writs, with authority to hear and de- 
termine tin- same in such cases and under such regulations as may be 
prescribed by law: Provided, horvever, That no jury trials shall be al- 
lowed in said court, but in proper cases, questions of fact may be sent 
by said court to a circuit court for trial before a jury. — & D. (1889), 
Art. 5. 

See. II. The supreme court shall have appellate jurisdiction only, ex- 
cept as herein specified, which shall be co-extensive with the limits of the 
state. lis appellate jurisdiction shall extend to questions of law arising 
in <asos of which the courts of civil appeals have appellate jurisdiction, 
under such restrictions and regulations as the legislature may prescribe. 
Tut il otherwise provided by law the appellate jurisdiction of the supreme 



75 

court shall extend to questions of law arising in the cases in the courts 
of civil appeals in which the judges of any court of civil appeals may dis- 
agree, or where the several courts of civil appeals may hold differently 
on the same question of law, or where a statute of the state is held 
void. The supreme court and the justices thereof shall have power to 
issue writs of habeas corpus as may be prescribed by law, and under such 
regulations as may be prescribed by law the said courts and the justices 
thereof may issue the writs of mandamus, procedendo, certiorari, and such 
other writs as may be necessary to enforce its jurisdiction. The legisla- 
ture may confer original jurisdiction on the supreme court to issue writs 
of quo warranto and mandamus in such cases as may be specified, except 
as against the governor of the state. The supreme court shall also have 
power, upon affidavit or otherwise as by the court may be determined, 
to ascertain such matters of fact as may be necessary to the proper exer- 
cise of its jurisdiction. The supreme court shall sit for the transaction 
of business from the first Monday in October of each year until the last 
Saturday of June in the next year, inclusive, at the capital of the state. 
The supreme court 'shall appoint a clerk, who shall give bond in such 
manner as is now or may hereafter be required by law, and he may hold 
his office for four years, and shall be subject to removal by said court 
for good cause, entered of record on the minutes of said court, who shall 
receive such compensation as the legislature may provide. — Tex. (1875), 
Art. 5 (Amdt.). 

Sec. 5. The court of criminal appeals shall have appellate jurisdiction 
co-extensive with the limits of the state in all criminal cases of whatever 
grade, with such exceptions and under such regulations as may be pre*- 
scribed by law. The court of criminal appeals and the judges thereof 
shall have the power to issue the writ of habeas corpus, and, under such 
regulations as may be prescribed by law, issue such writs as may be 
necessary to enforce its own jurisdiction. The court of criminal appeals 
shall have power, upon affidavit or otherwise, to ascertain such matters 
of fact as may be necessary to the exercise of its jurisdiction. The court 
of criminal appeals shall sit for the transaction of business from the 
first Monday in October to the last Saturday of June in each year, at 
the state capital and two other places (or the capital city) if the legis- 
lature shall hereafter so provide. The court of criminal appeals shall 
appoint a clerk for each place at which it may sit, and each clerk shall 
give bond in such manner as is now or may hereafter be required by law, 
and who shall hold his office for four years unless sooner removed by the 
court of good cause, entered of record on the minutes of said court. — 
Tex. (1875), Art. 5 (Amdt.). 

Sec. 4. The supreme court shall have original jurisdiction to issue 
writs of mandamus, certiorari, prohibition, quo-warranto and habeas 
corpus. Each of the justices shall have power to issue writs of habeas 
corpus, to any part of the state, upon petition by or on behalf of any 
person held in actual custody, and may make such writs returnable before 
himself or the supreme court, or before any district court or judge 
thereof in the state. In other cases the supreme court shall have 
appellate jurisdiction only, and power to issue writs necessary and 
proper for the exercise of that jurisdiction. The supreme court shall 



76 

hold al least three terms every year, and shall sit at the capital of the 
slate, I tah i L896), Art. 8. 

Sec. 4. The supreme court shall have original jurisdiction in habeas 
corpus and quo warranto and mandamus as to all state officers, and 
appellate jurisdiction in all actions and proceedings, excepting that its 
appellate jurisdiction shall not extend to civil actions at law for the 
recovery of money or personal property when the original amount in con- 
troversy, or the value of the property, does not exceed the sum of two 
hundred dollars ($200), unless the action involves the legality of a tax, 
impost, assessment, toll, municipal fine, or the validity of a statute. 
The supreme court shall also have power to issue writs of mandamus, 
review, prohibition, habeas corpus, certiorari, and all other writs neces- 
sary and proper to the complete exercise of its appellate and revisory 
jurisdiction. Bach of the judges shall have power to issue writs of 
habeas corpus to any part of the state upon petition by or on behalf of 
any person held in actual custody, and may make such writs returnable 
before himself, or before the supreme court, or before any superior court 
of the state, or any judge thereof. — Wash. (1889), Art. 4. 

Sec. 3. It shall have original jurisdiction in cases of habeas corpus, 
mandamus, and prohibition. It shall have appellate jurisdiction in civil 
cases where the matter in controversy, exclusive of costs, is of greater 
value or amount than one hundred dollars; in controversies concerning 
the title of boundaries of land, the probate of wills, the appointment or 
qualification of a personal representative, guardian, committee or curator, 
or concerning a mill, roadway, ferry or landing; or the right of a cor- 
poration or county to levy tolls or taxes; and also, in cases of quo war- 
ranto, habeas corpus, mandamus, certiorari and prohibition and in cases 
involving freedom or the constitutionality of a law. It shall have appellate 
jurisdiction in criminal cases where there has been a conviction for felony 
or misdemeanor in a circuit court, and where a conviction has been had in 
any inferior court, and been affirmed in a circuit court, and in cases relat- 
ing to the public revenue, the right of appeal shall belong to the state as 
well as the defendant, and such other appellate jurisdiction, in both 
civil and criminal cases, as may be prescribed bv law. — W. Va. (1872), 
Art. 8. 

Sec. 3. The supreme court, except in cases otherwise provided in this 
constitution, shall have appellate jurisdiction only, which shall be co- 
extensive with the slate; but in no case removed to the supreme court 
shall a trial by jury be allowed. The supreme court shall have a general 
superintending control over all inferior courts; it shall have power to 
issue writs of habeas corpus, mandamus, injunction, quo warranto, cer- 
tiorari ; and other original and remedial writs, and to hear and determine 
the same. Wis. i L848), Art. 7. 

Sec. 2. The supreme court shall have general appellate jurisdiction, 
co-extensive with the state, in both civil and criminal causes, and shall 
have a general superintending control over all inferior courts, under such 
rules and regulations as may be prescribed by law.- — Wyo. (1889), Art. 5. 



77 

Sec. 3. The supreme court shall have original jurisdiction in quo war- 
ranto and mandamus as to all state officers, and in habeas corpus. The 
supreme court shall also have power to issue writs of mandamus, re- 
view, prohibition, habeas corpus, certiorari, and other writs necessary 
and proper to the complete exercise of its appellate and revisory juris- 
diction. Each of the judges shall have power to issue writs of habeas 
corpus to any part of the state upon petition by or on behalf of a person 
held in actual custody, and may make such writs returnable before him- 
self or before the supreme court, or before any district court of the state 
or any judge thereof. — Wyo. (1889), Art. 5. 

TERMS OP SUPREME COURT. 

(76) Sec. 4. Four terms of supreme court shall be held annually 
at such times and places as may be designated by law. — Mich. (1850), 
Art. 6. 

Sec. 141. The supreme court shall be held at the seat of govern- 
ment, but if that shall become dangerous from any cause, it may con- 
vene at or adjourn to another place. — Ala. (1901), Art. 6. 

Sec. 8. The terms of the supreme court shall be held at the seat of 
government at the times that now are, or mav be, provided by law. — 
Ark. (1874), Art. 7. 

Sec. 4. At least two terms of the supreme court shall be held each 
year at the seat of government. — Colo. (1876), Art. 6. 

Sec. 20. Until the general assembly shall provide by law for fixing 
the terms of the courts aforesaid, the judges of the supreme and district 
courts, respectively, shall fix the terms thereof. — Colo. (1876), Art. 6. 

Sec. 6. Two sessions of the superior court, or court of general ses- 
sions, or one session of each of the said courts, or one session of the 
court of oyer and terminer and of either of the other of the said courts 
may at the same time to be held in the same county or in different 
counties, and the business in the several counties may be distributed 
and apportioned in such manner as shall be provided by the rules of 
the said courts respectively. — Del. (1897), Art. 4. 

Sec. 8. At least four terms of the supreme court shall be held an- 
nually; two terms at the seat of the state government, and two terms 
at the city of Lewiston, in Nez Perce county. In case of epidemic, pesti- 
lence, or destruction of court houses, the justices may hold the terms 
of the supreme court provided by this section at other convenient places, 
to be fixed by a majority of said justices. After six years the legisla- 
ture may alter the provisions of this section. — Idaho (1889), Art. 5. 

Sec. 4. Terms of the supreme court shall continue to be held in 
the present grand divisions at the several places now provided for 
holding the same; and until otherwise provided by law, one or more 
terms of said court shall be held, for the norther division, in the city 



7S 

of Chicago each year, at such times as said court may appoint, when- 
ever said city or the county of Cook shall provide appropriate rooms 
therefor, and the use of a suitable library, without expense to the state. 
The judicial divisions may be altered, increased or diminished in num- 
ber, and the times and places of holding said court may be changed 
by law.—///. (1870), Art. 6. 

Sec. 111. The court of appeals shall be held at the seat of govern- 
ment; but if that shall become dangerous, in case of war, insurrection or 
pestilence, it may adjourn to meet and transact its business at such 
other place in the state as it mav deem expedient for the time being. 
— Ky. (1891), Sec. 111. 

Art. 88. The supreme court shall hold its sessions in the city of New 
Orleans from the first Monday in the month of November to the end of 
the month of June in each and every year. It shall appoint its own 
clerks and remove them at pleasure. 

The general assembly shall make the necessary appropriation to pro- 
vide suitable and commodious buildings for said court and the rec- 
ords thereof, and for the care and maintenance of the state library 
therein; and shall provide for the repair and alteration of the building 
now occupied by the court. — La. (1898), Art. 88. 

Art. 100. There shall be two terms of the said courts of appeal held 
in each parish annually, to be fixed by the judges of said courts, until 
the first day of July, 1904. Thereafter the terms of said courts shall 
be fixed in such manner as may be provided bv law. — La. (1898), Art. 
100. 

Sec. 9. The supreme court shall be held at the seat of government at 
such times as may be prescribed by law; and until otherwise directed 
by law. the terms of said court shall commence on the third Tuesdays 
in October and April of each year. — Mo. (1875), Art. (5, Sec. 9. 

Sec. 148. The supreme court shall be held twice in each year at the 
seat of government at such time as the legislature may provide. — Miss. 
(1890), Art. G. 

Sec. 4. At least three terms of the supreme court shall be held each 
year at the seal of government. — Mont. (1889), Art. 8. 

Sec. 3. At least two terms of the supreme court shall be held each 
year at the seat of government. — Neb. (1S75), Art. G. 

Sec. 7. The terms of the supreme court shall be held in the city of 
Raleigh, as now, unless otherwise provided by the general assembly. — 
N. C. (1875), Art. 4. 

Sec. 88. Until otherwise provided by law three terms of the supreme 
court shall be held each year, one at the scat of government, one at 
Fargo, in the count v of ('ass, and one at Grand Forks, in the countv 
of Grand Forks.— A Dak. (1887), Art. 4. 



79 

Sec. 118. Until the legislative assembly shall provide by law for 
fixing the terms of courts, the judges of the supreme and district courts 
shall fix the terms thereof.— iV. Dak. (1889), Art. 4. 

Sec. 5. The sessions of the supreme court shall be held at the seat 
of government, and the sessions and duration thereof shall be fixed by 
rule of said court, until fixed by the legislature; but the first term of 
the supreme court shall be held within ninety days after the admission 
of the state. The supreme court shall render a written opinion in each 
case within six months after said case shall have been submitted for 
decision.— Okla. (1907), Art. 7. 

Sec. 7. The terms of the supreme court shall be appointed by law; 
but there shall be one term at the seat of government annually. And 
at the close of each term the judges shall file with the secretary of 
state, concise written statements of the decisions made at that term. 
—Ore. (1857), Art. 7. 

Sec. 5. The supreme court shall be held at least twice in each year 
at the seat of government and at such other place or places in the 
state as the general assembly may direct. — 8. C. (1895), Art. 5. 

Sec. 4. At least two terms of the supreme court shall be held each 
year at the seat of government. — S. D. (1889), Art. 5. 

Sec. 33. Until the legislature shall provide by law for fixing the 
terms of courts, the judges of the supreme, circuit and county courts 
respectively shall fix the terms thereof. — S. D. (1889), Art. 5. 

Sec. 93. The supreme court of appeals shall hold its sessions at two 
or more places in the state, to be fixed by law. — Va. (1902), Art. 6. 

Sec. 9. There shall be at least two terms of the supreme court of ap- 
peals held annuallv at such times and places as may be prescribed by 
law.— W. Va. (1872), Art. 8. 

Sec. 11. The supreme court shall hold at least one terra annually, 
at the seat of government of the state, at such time as shall be provided 
by law. And the legislature may provide for holding other terms, and 
at other places when they may deem it necessary. A circuit court shall 
be held, at least tiwce in each year, in each county of this state organ- 
ized for judicial purposes. The judges of the circuit court may hold 
courts for each other, and shall do so when required by law. — Wis. 
(1884), Art. 7. 

Sec. 7. At least two terms of the supreme court shall be held an- 
nuallv at the seat of government at such times as may be provided by 
law.— Wyo. (1889), Art. 5. 

Sec. 26. Until the legislature shall provide by law for fixing the 
terms of courts, the judges of the supreme court and district courts 
shall fix the terms thereof.— Wyo. (1889), Art. 5. 



80 

OPINIONS OF JUDGES MAY BE REQUIRED. 

Sec. 13. The governor may, at any time, require the opinion of the 
justices of the supreme court as to the interpretation of any portion 
<>!' lli is constitution upon any question affecting his executive powers 
and duties, and the justices shall render such opinion in writing. — 
Fla. (1885), Art. 4. 

Sec. 3. They shall be obliged to give their opinion upon important 
questions of law, and upon solemn occasions, when required by* the 
governor, council, senate, or house of representatives. — Me. (1819), 
Art. 6. 

Art. 2. Each branch of the legislature, as well as the governor and 
council, shall have authority to require the opinions of the justices of 
the supreme judicial court, upon important questions of law, and upon 
solemn occasions. — Mass. (1780), Part, 2, Chap. 3. 

Art. 73. Each branch of the legislature, as well as the governor and 
council, shall have authority to require the opinions of the justices of 
the superior court upon important questions of law and upon solemn 
occasions.— N. H., Part. 2, Art. 73. 

Sec. 2. The judges of the supreme court shall give their written 
opinion upon any question of law whenever requested by the governor or 
by either. house of the general assembly. — R. I. (1842), Amdt. Art. 12. 

Sec. 13. The governor shall have authority to require the opinions 
of the judges of the supreme court upon important questions of law in- 
volved in the exercise of his executive powers and upon solemn occa- 
sions.— #. D. (1889), Art. 5. 



PRACTICE RULES; LAW AND EQUITY; MASTER IN CHANCERY. 

(77) Sec. 5. The supreme court shall, by general rules, establish, 
modify and amend the practice in such court and in the circuit courts, 
and simplify the same. The legislature shall, as far as practicable, 
abolish distinctions between Mir and equity proceedings. The office 
of master in chancery is prohibited. — Mich. (1850), Art. 6. 

Sec. 1. The distinctions between actions at law and suits in equity, 
and I lie forms of all such actions and suits, are hereby prohibited; and 
there shall he in this state but one form of action for the enforcement 
<»!• protection <>r private rights or (lie redress of private wrongs, which 
shall he denominated a civil action; and every action prosecuted by 
the people <>r the state as a party against a person charged with a pub- 
lic offense for the punishment of the same, shall be termed a criminal 
action. 

Feigned issues are prohibited, and the fact at issue shall be tried 
by order <>r court before a jury. — Idaho (1889). Art. 5. 



SI 

Sec. 18. It shall be the duty of the judges of the court of appeals, 
as soou after their election under this constitution as practicable, to 
make and publish rules and regulations for the prosecution of ap- 
peals to said appellate court whereby they shall prescribe the periods 
within which appeals may be taken, what part or parts of the pro- 
ceedings in the court below shall constitute the record on appeal and 
the manner in which such appeals shall be brought to hearing or de- 
termination, and shall regulate, generally, the practice of said court 
of appeals so as to prevent delays and promote brevity in all records 
and proceedings brought into said court, and to abolish and avoid all 
unnecessary costs and expenses in the prosecution of appeals therein; 
and the said judges shall make such reductions in the fees and ex- 
penses of the said court as they may deem advisable. It shall also 
be the duty of said judges of the court of apppeals, as soon after 
their election as practicable, to devise and promulgate by rules or 
orders, forms and modes of framing and filing bills, answers and other 
proceedings and pleadings in equity ; and also forms and modes of tak- 
ing and obtaining evidence, to be used in equity cases; and to revise 
and regulate, generally, the practice in the courts of equity of this 
state, so as to prevent delays, and to promote brevity and conciseness 
in all pleadings and proceedings, therein, and to abolish all unnecessary 
costs and expenses attending the same. And all rules and regulations 
hereby directed to be made shall, when made have the force of law 
until rescinded, changed or modified by the said judges, or the general 
assembly.— Mel. (1876), Art. 4. 

Sec. 28. There shall be but one form of civil action, and law and 
equity may be administered in the same action. — Mont. (1889), Art. 8. 

Sec. 14. There shall be but one form of civil action, and law and 
equity may be administered in the same action. — Nev. (1864), Art. 6. 

Sec. 1. The distinctions between actions at law and suits in equity, 
and the forms of all such actions and suits, shall be abolished; and 
there shall be in this state but one form of action for the enforcement 
or protection of private rights or the redress of private wrongs, which 
shall be denominated a civil action; and every action prosecuted by the 
people of the state as a party against a person charged with a pub- 
lic offense, for the punishment of the same, shall be termed a crimi- 
nal action. Feigned issues shall also be abolished, and the fact at issue 
tried by order of court before a jury. — ^ 7 . C. (1875), Art. 4. 

Sec. 1. The general assembly, at its first session after the adoption 
of this constitution, shall provide for the appointment of three com- 
missioners, and prescribe their tenure of office, compensation, and the 
mode of filling vacancies in said commission. — Ohio (1851), Art. 14. 

Sec. 2. The said commissioners shall revise, reform, simplify, and 
abridge the practice, pleadings, forms, and proceedings of the courts 
of record of this state; and, as far as practicable and expedient, shall 
provide for the abolition of the distinct forms of action at law, now in 
use, and for the administration of justice by a uniform mode of pro- 
11— Jud. Dept. 



82 

ceeding without reference to any distinction between law and equity. 
—Ohio (1851), Art. 14. 

Sec. 3. The proceedings of the commissioners shall, from time to 
time, be reported to the general assembly, and be subject to the action 
of that body.— Ohio (1851), Art. 14. 

Sec. 3. Justice shall be administered in a uniform mode of plead- 
ing without distinction between law and equity. — S. C. (1895),, Art. 6. 

Sec. 25. The supreme court shall have power to make and 
establish rules of procedure, not inconsistent with the laws of the 
state, for the government of said court and the other courts of this 
stale, to expedite the dispatch of business therein. — Tex. (1875), Art. 
5 (Amdt. 1891). 

Sec. 19. There shall be but one form of civil action, and law and 
equity may be administered in the same action. — Utah (1896), Art. 8. 

Sec. 24. The judges of the superior courts shall, from time to time, 
establish uniform rules for the government of the superior courts. — 
Wash. (1889), Art. 4, Sec. 24. 

Sec. 19. The testimony in causes in equity shall be taken in like 
ma nner as in cases at law, and the office of master in chancerv is here- 
by prohibited.— Wis. (1848), Art. 7. 

Sec. 22. The legislature at its first session, after the adoption of this 
constitution, shall provide for the appointment of three commission- 
ers, whose duty it shall be to inquire into, revise, and simplify the 
rules of practice, pleadings, forms and proceedings, and arrange a 
system, adapted to the courts of record of this state, and report the 
same to the legislature, subject to their modification and adoption; 
and such commission shall terminate upon the rendering of the re- 
port, unless otherwise provided by law. — Wis. (1848), Art. 7. 



CHANGE OF VENUE. 

Sec. 75. The power to change the venue in civil and criminal causes 
is vested in the courts, to be exercised in such manner as shall be 
provided by law. — Ala. (1901), Art. 4. 

Sec. 37. The power to change the venue in civil and criminal cases 
shall be vested in the courts, to be exercised in such manner as shall 
be prescribed by law. — Colo. (1876), Art. 5. 

Sec. 17. Tar. 1. The power to change Hie venue in civil and crimi- 
nal cases shall be vested in the superior courts, to be exercised in such 
manner as has been, or shall be, provided by law. — Ga. (1S77), Art. 6. 

Art. 169. The general assembly shall provide by law for change of 
venue in civil ami criminal cases. — La. (1898), Art. 169. 



83 

Sec. 23. The power to change the venue in civil and criminal cases 
shall be vested in the courts, to be exercised in such manner as shall 
be provided by law.— Pa. (1873), Art. 3. 

Sec. 2. It shall be the duty of the general assembly to pass laws 
for the change of venue in all cases, civil and criminal, over which 
the circuit courts have original jurisdiction, upon a proper showing, 
supported by affidavit, that a fair and impartial trial cannot be had 
in the county where such action of prosecution was commenced. The 
state shall have the same right to move for a change of venue that a 
defendant has for such offences as the general assembly may precribe. 
Unless a change of venue be had under the provisions of this article 
the defendant shall be tried in the county where the offence was com- 
mitted: Provided^ however, That no change of venue shall be granted 
in criminal cases until after a true bill has been found by the grand 
jury: And Provided, further, That if a change be ordered it shall be to 
a county in the same judicial circuit. — S. C. (1895), Art. 6. 

Sec. 45. The power to change the venue in civil and criminal cases 
shall be vested in the courts, to be exercised in such manner as shall be 
provided by law ; and the legislature shall pass laws for that purpose. — 
Tex. (1875), Art. 3. 



ADMINISTRATION OF OATH. 

Sec. 8. The mode of administering an oath or affirmation shall be such 
as may be most consistent with, and binding upon, the conscience of the 
person to whom such oath or affirmation mav be administered. — Ind. 
(1851), Art. 1. 

Sec. 232. The manner of administering an oath or affirmation shall 
be such as is most consistent with the conscience of the deponent, and 
shall be esteemed by the general assembly the most solemn appeal to 
God.— Ky. (1891), Sec. 232. 

Art. 39. That the manner of administering the oath or affirmation to 
any person ought to be such as those of the religious persuasion, pro- 
fession, or denomination, of which he is a member, generally esteem the 
most effectual confirmation by the attestation of the Divine Being. — Md. 
(1867), D. of R. 

Sec. 7. The mode of administering an oath or affirmation shall be such 
as may be most consistent with, and binding upon the conscience of the 
person to whom such oath or affirmation may be administered. — Ore. 
(1857), Art. 1. 

Sec. 6. The mode of administering an oath, or affirmation, shall be 
such as may be consistent with and binding upon the conscience of the 
person to whom such oath, or affirmation, may be administered. — Wash. 
(1889), Art. 1. 



84 

judge's charge to jury. 

Sec. 2'3. Judges shall not charge juries with regard to matters of 
fact, but shall declare the law, and in jury trials shall reduce their charge 
or instructions to writing on the request of either party. — Ark. (1874), 
Art. 7. 

Sec. 19. Judges shall not charge juries with respect to matters of fact, 
but may state the testimony and declare the law. — Cal. (1880), Art. 6. 

Sec. 22. Judges shall not charge juries with respect to matters of 
fact, but may state the questions of fact in issue and declare the law. — 
Del. (1897), Ar*. 4. 

Sec. 12. Judges shall not charge juries in respect to matters of fact,, 
but may stale the testimony and declare the law. — Nev. (1864), Art. 6. 

Sec. 26. Judges shall not charge juries in respect to matters of fact^ 
but shall declare the law.— 8. C. (1895), Art. 5. 

Sec. 0. Judges shall not charge juries with respect to matters of fact, 
but may state the testimony and declare the law. — TenrC. (1870), Art. 6. 

Sec. 16. Judges shall not charge juries with respect to matters of fact, 
nor comment thereon, but shall declare the law. — Wash. (1889), Art. 4. 



appeals; writs of error and certiorari. 

Sec. 27. Whenever a person, not being an executor or administrator, 
appeals from a decree of the chancellor, or applies for a writ of error, 
such appeal or writ shall be no stay of proceeding in chancery, or the 
court to which the writ issues, unless the appellant or plaintiff in error 
shall give sufficient security, to be approved respectively by the chancellor, 
or by a judge of the court from which llio writ issues, that the appellant 
or plaintiff in error shall prosecute respectively his appeal or writ to 
effect, and pay the condemnation money and all costs, or otherwise abide 
Hie decree in appeal or the judgment in error, if he tails to make his 
plea good.- -Del. i L897), Art. 4. 

Sec. 28. Xo writ of error shall be brought upon any judgment hereto- 
fore confessed, entered or rendered, or opon any judgment hereafter to be 
confessed, entered or renderd, but within five years after the confessing. 
entering or rendering thereof; unless the person entitled to such writ 
be mi infant, feme covert, non compos mentis, or a prisoner, and then 
within five vears exclusive of the time of such disability. — Del. (1S07), 
Art. I. 

Sec. 1. Far. 6. The general assembly may provide for an appeal from 
one jury, in the superior courts and city to another, and the said court 
may man! new trials on legal grounds. Qa. (1877), Art. ('». 



85 

Sec. 13. The legislature shall have no power to deprive the judicial 
department of any power or jurisdiction which rightfully pertains to it 
as a co-ordinate department of the government; but the legislature shall 
provide a proper system of appeals, and regulate by law, when necessary, 
the methods of proceeding in the exercise of their powers of all the courts 
below the supreme court, so far as the same may be done without conflict 
with this constitution. — Idaho (1889), Art. 5. 

Sec. 8. Appeals and writs of error may be taken to the supreme court 
held in the grand division in which the case is decided, or, by consent of 
the parties, to any other grand division. — III. (1870), Art. 6. 

Sec. 127. The right to appeal or sue out a writ of error shall remain as 
it now exists until altered by law, hereby giving to the general assembly 
the power to change or modify said right. — Ky. (1891), Sec. 127. 

Art. 95. In all cases where there is an appeal from a judgment rend- 
ered on a reconventional demand, the appeal shall lie to the court having 
jurisdiction of the main demand. — La. (1898), Art. 95. 

Art. 103. All cases on appeal to the courts of appeal shall be tried on 
the original record, pleadings, and evidence. — La. (1898), Art. 103. 

Art. 104. The rules of practice regulating appeals to and proceedings 
in the supreme court shall apply to appeals and proceedings in the courts 
of appeal, so far as they may be applicable, until otherwise provided. 
The courts of appeal, and each of the judges thereof, shall have power 
to issue the writ of habeas corpus at the instance of any person in actual 
custody within their respective circuits. 

They shall also have authority to issue writs of mandamus, prohibition, 
and certiorari, in aid of their appellate jurisdiction. — La. (1898), Art. 
104. 

Sec. 15. Writs of error and appeals shall be allowed from the decisions 
of the said district courts to the supreme courts under such regulations 
as may be prescribed by law. — Mont. (1889), Art. 8. 

Sec. 23. The writ of error shall be a writ of right in all cases of felony ; 
and in capital cases shall operate as a supersedeas to stay the execution 
of the sentence of death ; until the further order of the supreme court in 
the premises. — Neb. (1875), Art. 1. 

Sec. 24. The right to be heard in all civil cases in the court of last 
resort, bv appeal, error, or otherwise, shall not be denied. — Neb. (1875), 
Art. 1. . 

3. All persons aggrieved by any order, sentence or decree of the 
orphans' court, may appeal from the same, or from any part thereof, to 
the prerogative court; but such order, sentence or decree shall not be 
removed into the supreme court, or circuit court if the subject-matter 
thereof be within the jurisdiction of the orphans' court. — N. J. (1844), 
Art. 6, Sec. 4. 



so 

3. Final judgments in any circuit court may be brought by writ of 
error into the supreme court, or directly into the court of errors and 
appeals.— .V. J. (1844), Art. 6, Sec. 5. 

5. When an appeal from an order or decree shall be heard, the chan- 
cellor shall inform the court, in writing, of the reasons for his order or 
decree; but he shall not sit as a member, or have a voice in the hearing 
or final sentence.— i\ 7 . J. (1844), Art. 6, Sec. 2, CI. 5. 

6. When a writ of error shall be brought, no justice who has given a 
judicial opinion in the cause in favor of or against any error complained 
of, shall sit as a member, or have a voice on the hearing, or for its 
affirmance or reversal; but the reasons for such opinion shall be assigned 
to the court in writing.— <V\ J. (1844), Art. 6, Sec. 2, CI. 6. 

Sec. 109. Writs of error and appeals may be allowed from the de- 
cisions of the district courts to the supreme court under such regulations 
as may be prescribed by law. — N. Dak. (1889), Art. 4. 

Sec. 14. In all cases of summary conviction in this commonwealth, or 
of judgment in suit for a penalty before a magistrate or court, not of 
record, either party may appeal to such court of record as may be pre- 
scribed by law, upon allowance of the appellate court, or judge thereof, 
upon cause shown. — Pa. (1873), Art. 5. 

Sec. 24. In all cases of felonious homicide and in such other criminal 
cases may be provided for by law, the accused, after conviction and sen- 
tence, may remove the indictment, record and all proceedings to the 
supreme court for review. — Pa. (1873), Art. 5. 

Sec. 18. Writs of error and appeals may be allowed from the decisions 
of the circuit courts to the supreme court under such regulations as may 
be prescribed by law.— S. D. (1889), Art. 5. 

Sec. 10. The judges or justices of inferior courts of law and equity 
shall have power in all civil caces [cases] to issue writs of certiorari, to 
remove any cause or the transcript of the record thereof, from any in- 
ferior jurisdiction into such court of law, on sufficient cause, supported 
by oath or affirmation. — Tain. (1S70), Art. G. 

Sec. 20. The state shall have no right of appeal in criminal cases. — 
Tex. i L875), Art. 5. 

Sec. 9. Prom all final judgments of the district courts, there shall be 
a right of appeal to the supreme court. The appeal shall be upon the 
record made in the court below, and under such regulations as 'may be 
provided by law. In equity cases the appeal may be on questions of both 
law and fad ; in cases at law the appeal shall be on questions of law 
alone. Appeals shall also lie from, the final orders and decrees of the 
court in the administration of decedent estates, and in cases of guardian- 
ship, as shall be provided by law. Appeals shall also lie from the final 
judgment of justices of the peace in civil and criminal cases to the dis- 



87 

trict courts on both questions of law and fact, with such limitations and 
restrictions as shall be provided by law; and the decisions of the district 
courts on such appeals shall be final, except in cases involving the val- 
idity or constitutionality of a statute. — Utah (1896), Art. 8. 

Sec. 6. A writ of error, supersedas, or appeal shall be allowed only by 
the supreme court of appeals, or a judge thereof, upon a petition assign- 
ing error in the judgment or proceedings in the inferior court and then 
only after said court or judge shall have examined or considered the 
record and assignment of errors, and is satisfied that there is error in 
the same, or that it presents a point proper for the consideration of the 
supreme court of appeals. — W. Va. (1872), Art. 8. 

Sec. 21. Writs of error shall never be prohibited by law. — Wis. 
(1848), Art. 1. 

Sec. 18. Writs of error and appeals may be allowed frOm the decisions 
of the district courts to the supreme courts under such regulations as may 
be prescribed by law. — Wyo. (1889), Art. 5. 



CRIMINAL MATTERS. 

Sec. 169. In all prosecutions for rape and assault with intent to 
ravish, the court may, in its discretion, exclude from the court room all 
persons, except such as may be necessary in the conduct of the trial. — 
Ala. (1901), Art. 6. 

Sec. 4. The term felony, wherever it may occur in the constitution, 
or the laws of the state, shall be construed to mean any criminal offense 
punishable bv death or imprisonment in the penitentiarv, and none other. 
— Colo. (1876), Art. 18. 

Sec. 3. No costs shall be paid by a person accused, on a bill being re- 
turned ignoramus, nor on acquittal. — Del. (1897), Art. 15. 

Sec. 9. In all criminal cases prosecuted in the name of the state when 
the defendant is insolvent or discharged, the legal costs and expenses, in- 
cluding the fees of officers, shall be paid by the counties where the crime is 
committed, under such regulations as shall be prescribed by law; and 
all fines and forfeitures collected under the penal laws of the state shall 
be paid into the county treasuries of the respective counties as a general 
countv fund to be applied to such legal costs and expenses. — Fla. (1885), 
Art. 16 (Amdt. 1894). 

Sec. 25. The term felony, whenever it may occur in this constitution 
or in the laws of the state, shall be construed to mean any criminal of- 
fense punishable with death or imprisonment in the state penitentiarv. — 
Fla, (1885), Art. 16. 

Sec. 261. The expenses of criminal prosecutions, except those before 
justices of the peace, shall be borne by the county in which such prose- 



88 

(rations shall be begun; and all net fines and forfeitures shall be paid into 
the treasury of such county. Defendants, in cases of conviction, may be 
taxed with 'the costs.— Miss. (1890), Art. 14. 

Sec. 2. No person shall be prosecuted in an civil action or criminal 
proceeding for or on account of any act by him done, performed or ex- 
ecuted between the first day of January, one thousand eight hundred and 
sixty-one, and the twentieth day of August, one thousand eight hundred 
and sixty-six. by virtue of military 'authority vested in him, or in pursu- 
ance of orders from any person vested with such authority by the gov- 
ernment of the United States, or of this state, or of the late Confederate 
states, or any of them, to do such act. And if any action or proceedings 
shall have been or shall hereafter be instituted against any person for 
the doing of any such act, the defendant may plead this section in bar 
thereof.— Mo. (1875), Art. 4. 



DIVORCE CASES. 

Sec. 15. Par. 2. When a divorce is granted, the jury rendering the 
final verdict shall determine the rights and disabilities of the parties. — 
Ga. (1877), Art. 6. 

Sec. 16. Par. 1. Divorce cases shall be brought in the county where 
the defendant resides, if a resident of this state; if the defendant be not 
a resident of this state, then in the countv in which the plaintiff resides. 
— Ga. (1877), Art. 6. 

Ait. 5. All causes of marriage, divorce, and alimony, and all appeals 
from the judges of probate, shall be heard and determined by the governor 
and council . until the legislature shall, by law, make other provision. — 
Mass. (1780), Pwrt 2, Chap. 3. 

Art. 75. All causes of marriage, divorce, and alimony, and all appeals 
from the respective judges of probate, shall be heard and tried by the 
superior court until the legislature shall by law make other provision. — 
N. E.. Par. 2. Art. 75. 



JUDGES TO REPORT DEFECTS IX LAWS. 

Sec. 27. The judges of courts of record, inferior to the supreme court, 
shall, on or before the first day of .luly in each year, report in writing 
to the judges of the supreme court such defects and omissions in tin 1 laws 
as their knowledge and experience may suggest, and the judges of the 
supreme court shall, on or before the first day of December of each year, 
report in writing to the governor, to be by him transmitted to tin 1 general 
assembly, together with his message, such defects and omissions in the 
constitution ami laws ns they may find to exist, together with appro- 
priate bills for curing the same. — Colo. (1876), -Vrt. 6. 

Sec. 1.'). It shall be the duty of the judges of the circuit courts to re- 



89 

port to the attorney-general at least thirty days before each" session of 
the legislature such defects in the laws as may have been brought to 
their attention, and to suggest such amendments or additional legislation 
as may be deemed necessary. The attorney-general shall report to the 
legislature at each session such legislation as he may deem advisable. — 
Fla. (1885), Art. 5. 

Sec. 25. The judges of the district courts shall, on or before the first 
day of July in each year, report in writing to the justices of the supreme 
court, such defects or omissions in the laws as their knowledge and ex- 
perience may suggest, and the justices of the supreme court shall, on or 
before the first day of December of each year, report in writing to the 
governor, to be by him transmitted to the legislature, together with his 
message, such defects and omissions in the constitution and laws as they 
may find to exist. — Idaho (1889), Art. 5. 

Sec. 31. All judges of courts of record, inferior to the supreme court, 
shall, on or before the first day of June of each year, report in writing 
to the judges of the supreme court such defects and omissions in the 
laws as their experience may suggest; and the judges of the supreme 
court shall, on or before the first day of January of each year, report in 
waiting to the governor such defects and omissions in the constitution 
and laws as they may find to exist, together with appropriate forms of 
bills to cure such defects and omissions in the laws. And the judges of 
the several circuit courts shall report to the next general assembly the 
number of days they have held court in the several counties composing 
their respective circuits, the preceding tw T o years. — III. (1870), Art. 6. 

Sec. 22. District judges may, at any time, report defects and omissions 
in the law to the supreme court, and the supreme court, on or before the 
first day of December of each year, shall report in writing to the governor 
any seeming defect or omission in the law. — Utah (1896), Art. 8. 

Sec. 25. Superior judges shall, on or before the first day of November 
in each year, report in writing to the judges of the supreme court such 
defects and omissions in the laws as their experience may suggest, and 
the judges of the supreme court shall, on or before the first day of 
January in each year, report in writing to the governor such defects and 
omissions in the laws as they may believe to exist. — Wash. (1889), Art. 4. 



MISCELLANEOUS PROVISIONS AS TO COURTS. 

Sec. 14. No commission of oyer and terminer, or jail deliverv, shall 
be issued.— Del. (1897), Art 1. 

Sec. 24. In civil causes, when pending, the superior court shall have 
the power, before judgment, of directing, upon such terms as it shall 
deem reasonable, amendments, impleadings and legal proceedings, so that 
by error in any of them, the determination of causes, according to their 
real merits, shall not be hindred ; and also of directing the examination 
of witnesses who are aged, very infirm, or going out of the state, upon 
12— Jud. Dept. 



90 

interrogatories de bene esse, to be read in evidence, in case of the death 
or departure of the witnesses before the trial, or inability by reason of 
age, sickness, bodily infirmity, or imprisonment, then to attend; and 
also the power of obtaining evidence from places not within the state. — 
Del. (1897), Art. 4. 

Sec. 25. At any time pending an action for debt or damages, the de- 
fendant may bring into court a sum of money for discharging the same, 
together with the costs then accrued, and the plaintiff not accepting the 
same, if upon the final decision of the cause, he shall not recover a greater 
sum than so paid into court for him, he shall not recover any costs accru- 
ing after such payment, except where the plaintiff is an executor or ad- 
ministrator.— Del. (1897), Art. 4. 

Sec. 26. By the death of any party, no suit in chancery or at law. 
where the cause of action survives, shall abate, but, until the general as- 
sembly shall otherwise provide, suggestion of such death being entered 
of record, the executor or administrator of a deceased petitioner or plain- 
tiff may prosecute the said suit; and if a respondent or defendant dies, 
the executor or administrator being duly served with a scire facias thirty 
days before the return thereof shall be considered as a party to the suit, 
in the same manner as if he had voluntarily made himself a party ; and in 
any of those cases, the court shall pass a decree, or render judgment for 
or against executors or administrators, as to right appertains. But 
where an executor or administrator of a deceased respondent or defend- 
ant becomes a party, the court upon motion shall grant such a continu- 
ance of the cause as to the judges shall appear proper. — Del. (1897), 
Art. 4. 

Sec. 29. The prothonotary of the superior court may issue process, 
take recognizances of bail and enter judgments, according to law and 
the practice of the court. No judgment in one county shall bind lands or 
tenements in another, until a testatum fieri facias being issued, shall be 
entered of record in the office of the prothonotary of the county wherein 
the lands or tenements are situate. — Del. (1897), Art. 4. 

Sec. 21. Deeds and mortgages which have been proved for record and 
recorded according to law, shall be taken as prima facie evidence in the 
courts of ibis slate without requiring proof of the execution. A certified 
copy of the record of any deed or mortgage that has been or shall be 
duly recorded according to law shall be admitted as prima facie evidence 
thereof, and of ils due execution with like effect as the original duly 
proved: Provided, It be made 1<> appear that the original is not within 
the custody or control of the party offering such copy. — Fla. (1885), 
Art. L6. 

Sec. 27. The legislature shall appropriate at least five hundred dol- 
lars each year for the purchase of such books for the supreme court 
library as the court may direct. — Flu. (1885) , Art. 10. 

Sec. 32. The repeal or amendment of any criminal statute shall 



91 

not affect the prosecution or punishment of any crime committed be- 
for such repeal or amendment. — Fla. (1885), Art. 3. 

Sec. 6. Par. 7. The court shall render judgment without the ver- 
dict of a jury in all civil cases founded on unconditional contracts 
in writing, where an issuable defense is not filed under oath or affirma- 
tion.—^ (1877), Art. 6. 

Sec. 16. Par. 2. Cases respecting titles to land shall be tried in the 
county where the land lies, except where a single tract is divided by a 
county line, in which case the superior court of either county shall 
have jurisdiction. — Ga. (1877), Art. 6. 

Sec. 16. Par. 3. Equity cases shall be tried in the county where a 
defendant resides against whom substantial relief is prayed. — Ga. 
(1877), Art. 6. 

Sec. 16. Par. 4. Suits against joint obligors, joint promissors, co- 
partners or joint trespassers, residing in different counties, may be 
tried in either county — Ga. (1877), Art. 6. 

Sec. 16. Par. 5. Suits against the maker and indorser of promissory 
notes, or drawer, acceptor and endorser of foreign or inland bills of 
exchange, or like instruments, residing in different counties, shall be 
brought in the countv where the maker or acceptor resides. — Ga. (1877), 
Art. 6. 

Sec. 16. Par. 6. All other civil cases shall be tried in the county where 
the defendant resides, and all criminal cases shall be tried in the county 
where the crime was committed, except cases in the superior courts 
where the judge is satisfied that an impartial jury cannot be obtained 
in such county. — Ga. (1877), Art. 6. 

Sec. 21. Par. 1. The costs in the supreme court shall not exceed 
ten dollars, unless otherwise provided by law. Plaintiffs in error shall 
not be required to pay costs in said court when the usual pauper oath is 
filed in the court below.— Ga. (1877), Art. 6. 

Sec. 2. Par. 1. No court or ministerial officer in this state shall 
ever have jurisdiction or authority to enforce any judgment, execution 
or decree against the property set apart for such purpose, including 
such improvements as may be made thereon from time to time, except 
for taxes, for the purchase money of the same, for labor done thereon, 
for material furnished therefor, or for the removal of incumbrances 
thereon.— Ga. (1877), Art. 9. 

Sec. 21. Every person of good moral character, being a voter, 
shall be entitled to admission to practice law in all courts of justice. 
— Ind. (1851), Art. 7. 

Sec. 227. Judges of the county court, justices of the peace, sheriffs, 
coroners, surveyors, jailers, assessors, county attorneys and consta- 



92 

bles shall be subject to indictment or prosecution for misfeasance or 
malfeasance in office, op willful neglect in discharge of official duties, 
in such mode as may be prescribed by law ; and upon conviction, his 
office shall become vacant, but such officer shall have the right of appeal 
to the court of appeals. — Kij. (1891), Sec. 227. 

Art. 91. The judges of all courts, whenever practicable, shall refer 
to the law by virtue of which every definite judgment is rendered, and 
in every case they shall adduce the reasons on which their judgment is 
founded. Service of citation shall not be waived, nor judgment con- 
fessed, by any document under private signature executed prior to the 
maturity of the obligation sued on. — La. (1898), Art. 91. 

Art. 101. The judges of the courts of appeal shall have power to cer- 
tify to the supreme court any question or proposition of law arising in 
any cause pending before them concerning which they desire the in- 
struction of that court, for its proper decision; and thereupon the 
supreme court may either give its instruction on the question or propo- 
sition certified to it, which shall be binding upon the court of appeal 
in such case, or it may require that the whole record be sent up for 
its consideration, and thereupon shall decide the whole matter in 
controversy in the same manner as if it had been on appeal directly 
to the supreme court. It shall be competent for the supreme court to 
require by certiorari, or otherwise, any case to be certified from the 
courts of appeal to it for its review and determination, with the same 
power and authority in the case, as if it had been carried directly by 
appeal to (lie said court: Provided, That the supreme court shall in 
no case exercise the power conferred on it by this article, unless the 
application be made to the court, or to one of the justices thereof, not 
later than thirty days after the decision of the court of appeal has 
been rendered and entered. — La. (1898), Art. 101. 

Ait. 102. Xo judgement shall be rendered by the courts of appeal 
without the concurrence of two judges. Whenever there shall 
be a disagreement in the courts of appeal above provided, the court 
shall appoint a district judge or a lawyer having the qualifications of a 
judge of the court to sit in the case, and in case of the recusation, ab- 
sence, or disability, of one of the judges, the other judge shall select a 
judge or lawyer, as aforesaid, to sit in the case. Tn the court of appeal 
for the parish of Orleans, when two judges cannot concur for any rea- 
son, the court shall select a district judge, or judges, to sit in the case. — 
La. ( L898), Art. 102. 

Ail. L23. The general assembly shall have power to vest in clerks 
of court authority to granl such orders and to do such acts as may 
be deemed necessary for the furtherance of the administration of jus- 
tice; and in all cases the powers thus vested shall be specified and de- 
termined.- La. (1898), Art. L23. 

Sec. 8. The parties to any cause may submit Ihe same to the court 
for determination without the aid of a jury and in all suits or actions 
at law. issues from the orphans' court or from any court sitting in 



93 

equity, and in all cases of presentments or indictments for offences which 
are or may be punishable by death pending in any of the courts of law 
of this state having jurisdiction thereof, upon suggestion in writing 
under oath of either of the parties to said proceedings, that such 
party cannot have a fair and impartial trial in the court in which the 
same may be pending, the said court shall order and direct the record 
of proceedings in such suit or action, issue, presentment or indictment, to 
be transmitted to some other court having jurisdiction in such case, 
for trial; but in all other cases of presentment or indictment pending 
in any of the courts of law in this state having jurisdiction thereof, in 
addition to the suggestion in writing of either, of the parties to such 
presentment or indictment that such party cannot have a fair and 
impartial trial in the court in which tile same may be pending, it 
shall be necessary for the party making such suggestion to make it 
satisfactorily appear to the court that such suggestion is true, or that 
there is reasonable ground for the same; and thereupon the said court 
shall order and direct the record of proceedings in such presentment 
or indictment to be transmitted to some other court having juris- 
diction in such cases for trial; and such right of removal shall exist 
upon suggestion in cases when all the judges of said court may be dis- 
qualified, under the provisions of this constitution to sit in any case; 
and said court to which the record of proceedings in such suit or 
action, issue, presentment or indictment may be so transmitted, shall 
hear and determine the same in like manner as if such suit or action, 
issue, presentment or indictment had been originally instituted therein; 
and the general assembly shall make such modification of existing 
law as mav be necessarv to regulate and give force to this provision. 
— Md. (1867), (Amdt. 1875). 

Sec. 22. Where any term is held, or trial conducted by less than 
the whole number of said circuit judges, upon the decision or determi- 
nation of any point or question by the court, it shall be competent to 
the party against whom the ruling or decision is made, upon motion, 
to have the point or question reserved for the consideration of the three 
judges of the circuit, who shall constitute a court in banc for such pur- 
pose ; and the motion for such reservation shall be entered of record 
during the sitting at which such decision may be made; and the several 
circuit courts shall regulate, by rules, the mode and manner of pre- 
senting such points or questions to the court in banc, and the decision 
of the said court in banc shall be the effective decision in the premises, 
and conclusive, as against the party at whose motion said points or 
questions were reserved; but such decision in banc shall not preclude 
the right of appeal or writ of error to the adverse party in those cases, 
civil or criminal, in which appeal or writ of error to the court of ap- 
peals may be allowed by law. The right of having questions reserved 
shall not," however, apply to trials of appeals from judgments of justices 
of the peace, nor to criminal cases below the grade of felony, except 
when the punishment is confinement in the penitentiary; and this 
section shall be subject to such provisions as may hereafter be made 
by law.— M d. (1867), Art. 4:. 

Sec. 23. The judges of the respective circuit courts of this state, 



94 

and of the courts of Baltimore city, shall render their decisions in all 
cases argued before them, or submitted for their judgment, within 
two months after the same shall have been so argued or submitted. 
— Md. (1867), Art. 4. 

Sec. 111. All lands comprising a single tract sold in pursuance 
of decree of court, or execution, shall be first offered in subdivisions 
not exceeding one hundred and sixty acres, or one-quarter section, and 
then offered as an entirety, and the price bid for the latter shall con- 
trol only when it shall exceed the aggregate of' the bids for the same 
in subdivisions as aforesaid ; but the chancery court, in cases before it, 
may decree otherwise if deemed advisable to do so. — Miss. (1890), 
Art. 4. 

Sec. 147. No judgment or decree in any chancery or circuit court 
rendered in a civil cause shall be reversed or annulled on the ground 
of want of jurisdiction to render said judgment or decree, from any 
error or mistake as to whether the cause in which it was rendered was 
of equity or common law jurisdiction ; but if the supreme court shall 
find error in the proceedings other than as to jurisdiction, and it 
shall be necessary to remand the case, the supreme court may remand 
it to that court, which, in its opinion, can best determine the contro- 
versy.— Miss. (1890), Art. 6. 

Sec. 10. The state shall provide a suitable court room at the seat of 
government, in which the supreme court shall hold its sessions; also 
a clerk's office, furnished offices for the judges, and the use of the state 
library.— Mo. (1875), Art. G. 

See. lfi. The legislature at its first session, and from time to time 
thereafter, shall provide by law that upon the institution of each civil 
action and other proceedings, and also upon the perfecting of an ap- 
peal in any civil action or proceeding in the several courts of record 
in tli is state, a special court fee or tax shall be advanced to the clerks 
of said courts, respectively, by the party or parties bringing such ac- 
tion or proceeding, or taking such appeal; and the money so paid in 
shall be accounted for by such clerks, and applied towards the pay- 
ment of the compensation of the judges of said courts, as shall be 
directed by law.— Nev. (1S64), Art. G. 

Sec. 21. A commission which shall consist of five members, shall 
be appointed by the governor, with the advice and consent of the senate, 
the members of which shall hold office for the term of three years 
from and after the first day of February. L876, to dispose of such part 
of the business then on the dockets of the supreme court as shall, by 
arrangement between said commission and said court, be transferred 
to such commission; and said commission shall have like jurisdiction and 
power in resped to such business as are or may be vested in said court; 
and the members of said commission shall receive a like compensation 
lor the time being with the judges of said court. A majority of the 
members of said commission shall be necessary to form a quorum or pro- 
nounce a decision, and its decision shall be certified, entered, and en- 



95 

forced as the judgments of the supreme court, and at the expiration of 
the term of said commission all business undisposed of shall by it be 
certified to the supreme court, and disposed of as if said commission 
had never existed. The clerk and reporter of said court shall be the 
clerk and reporter of said commission and the commission shall have 
such other attendants, not exceeding in number those provided by law 
for said court, which attendants said commission may appoint and 
remove at its pleasure. Any vacancy occurring in said commission, 
shall be filled by appointment of the governor, with the advice and con- 
sent of the senate, if the senate be in session; and if the senate be not 
in session, by the governor, but in such last case, such appointment 
shall expire at the end of the next session of the general assembly. 
The general assembly may, on application of the supreme court, duly 
entered on the journal of the court and certified, provide by law, when- 
ever two-thirds of such [each] house shall concur therein, from time 
to time, for the appointment, in like manner, of a like commission with 
like powers, jurisdiction, and duties: Provided, With the term of any 
such commission shall not exceed two years, nor shall it be created 
oftener than once in ten years. — Ohio (1851), Art. 4, Sec. 21. 

Sec. 15. No commission of oyer and terminer or jail delivery shall 
be issued.— Pa. (1873), Art. 1. 

Sec. 17. It shall be the duty of the justices of the supreme court to 
file their decisions within sixty days from the last day of the court at 
which the cases were heard ; and the duty of the judges of the circuit 
courts to file their decisions within sixty days from the rising of the last 
court of the circuit then being held. — S. C. (1895), Art. 5. 

Sec. 20. Every cause submitted to a judge of a superior court for his 
decision shall be decided by him within ninety days from the submission 
thereof: Provided, That if. within said period of ninety days, a rehear- 
ing shall have been ordered, then the period within which he is to decide 
shall commence at the time the cause is submitted upon such a rehearing. 
— Wash. (1889), Art. 4. 

Sec. 20. No citizen of this state who aided or participated in the late 
war between the government of the United States and a part of the people 
thereof, on either side, shall be liable in any proceeding, civil or criminal ; 
nor shall his property be seized or sold under final process issued upon 
judgments or decrees heretofore rendered, or otherwise, because of any 
act done in accordance with the usages of civilized warfare in the prose- 
cution of said war. The legislature shall provide, by general laws, for 
giving full force and effect to this section.— W. Va. (1872), Art. 8. 

Sec. 18. The legislature shall impose a tax on all civil suits com- 
menced, or prosecuted in the municipal, inferior, or circuit courts, which 
shall constitute a fund to be applied toward the pavment of the salary 
of judges.— Wis. (1848), Art. 7, Sec. 18. 



96 

judicial circuits; additional judges and salaries. 

(78) Sec. 6. The state shall be divided into judicial circuits, in each 
of which the electors thereof shall elect one circuit judge, who shall hold 
his office for the term of six years, and until his successor is elected and 
(/mil i /icrf. The legislature may provide for the election of more than one 
circuit judge in the judicial circuit in which the city of Detroit is or way 
be situated, and in the judicial circuit in which the county of Sagi- 
iiuir is or may be situated, and in the judicial circuit in which the 
county of Kent is or may be situated, and in the judicial circuit in which 
the county of St. Clair is or may be situated. And the circuit judge or 
judges of such circuits, in addition to the salary provided by the consti- 
tution, shall receive from their respective counties such additional salary 
as may from lime to time be fixed and determined by the board of super- 
visors of said county. And the board of supervisors of each county in the 
upper peninsula, and in the counties of Bay, Washtenaw, Genesee. Ing- 
ham and Jackson, and the counties in the judicial circuit in which the 
county of Isabella is or may be situated, in the lower peninsula, is hereby 
authorized and empowered to give and to pay to the circuit judge of 
the judicial circuit to which said county is attached, such additional 
salary or compensation as may from time to time be fixed and determined 
by such board of supervisors. This action as amended shall take effect 
from the time of its adoption. — Mich. (1850), Art. 6. 

Sec. 142. Except as otherwise authorized in this article, the state shall 
be divided into convenient circuits. For each circuit there shall be 
chosen a judge, who shall, for one year next preceding his election and 
during his continuance in office, reside in the circuit for which he is 
elected.— Ala. (1901), Art. 6. 

Sec. 117. Any county having a population of twenty thousand or more, 
according to the next preceding Federal census, and also taxable property 
of three million five hundred thousand dollars or more in value, accord- 
ing to the next preceding assessment of property for state and county 
taxation, need not be included in any circuit or chancery division; but 
if the value of its taxable property shall be reduced below that limit, 
or if its population shall be reduced below that number, the legislature 
shall include such county in a circuit and chancery division, or either 
embracing more than one county. No circuit or chancery division shall 
contain less than three counties, unless there be embraced therein a 
county having a population of twenty thousand or more, and taxable 
property of three million five hundred thousand dollars or more in 
value.— Ala. (1901), Art. 6. 

Sec. 13. The state shall be divided into convenient circuits, each cir- 
cuit to be made up of contiguous counties, for each of which circuits a 
judge shall be elected, who, during his continuance in office, shall reside 
in and be a conservator of the peace within the circuit for which he shall 
have been elected. — Ark. (1874), Art. 7. 

Sec. 17. The judges of the circuit courts shall be elected by the quali- 



97 

fied electors of the several circuits, and shall hold their offices for the 
term of four years.— Ark. (1874), Art. 7. 

Sec. 12. The state shall be divided into judicial districts, in each of 
which there shall be elected by the electors thereof, one or more judges 
of the district court therein, as may be provided by law, whose terms of 
office shall be six years; the judges of the district courts may hold courts 
for each other, and shall do so when required by law, and the general 
assembly may, by law, provide for the selection or election of a suitable 
person to preside in the trial of causes in special cases. — Colo. (1876), 
Art. G. 

Sec. 8. There shall be seven circuit judges, who shall be appointed 
by the governor and confirmed by the senate, and who shall hold their 
office for six years. The state shall be divided into seven judicial circuits, 
and one judge shall be assigned to each circuit. Such judge shall hold at 
least two terms of his court in each countv within his circuit every vear, 
at such times and places as shall be prescribed by law, and may hold 
special terms. The governor may, in his discretion, order a temporary 
exchange of circuits by the respective judges, or order any judge to hold 
one or more terms or part of terms in any other circuit than that to 
which he is assigned. The judge shall reside in the circuit of which he 
is judge. Successors to the judges of the circuit courts in office at the 
ratification of this constitution shall be appointed and confirmed at the 
first session of the legislature after such ratification. — Fla. (1885), Art. 5. 

Sec. 3. Par. 1. There shall be a judge of the superior court for each 
judicial circuit, whose term of office shall be four years, and until his 
successor is qualified. He may act in other circuits when authorized by 
law.— Ga. (1877), Art. 6. 

Sec. 11. The state shall be divided into five judicial districts, for each 
of which a judge shall be chosen by the qualified electors thereof, whose 
term of office shall be four years. And there shall be held a district 
court in each county as may be prescribed by law; but the legislature 
may reduce or increase the number of districts, district judges, and dis- 
trict attorneys. This section shall not be construed to prevent the holding 
of special terms under such regulations as may be provided bv law. — 
Idaho (1889), Art. 5. 

Sec. 5. The present grand divisions shall be preserved, and be de- 
nominated southern, central and northern, until otherwise provided 
by law. The state shall be divided into seven districts for the election 
of judges, and, until otherwise provided by law, they shall be as fol- 
lows : [Here follows a description of the districts.] The boundaries 
of the districts may be changed at the session of the general assembly 
next preceding the election for judges therein, and at no other time; 
but whenever such alterations shall be made the same shall be upon 
the rule of equality of population, as nearly as county boundaries will 
allow, and the districts shall be composed of contiguous counties, in 
as nearly compact form as circumstances will permit. The alteration 
13— Jud. Dept. 



98 

of the districts shall not affect the tenure of office of any judge. — 111. 
L870), Art. 6. 

Sec. 13. The state, exclusive of the county of Cook and other coun- 
ties having a population of one hundred thousand, shall be divided 

into judicial circuits, prior to the expiration of the terms of office 
of the present judges of the circuit courts. Such circuits shall be 
formed of contiguous counties, in as nearly compact form and as 
nearly equal as circumstances will permit, having due regard to busi- 
ness, territory and population, and shall not exceed in number one cir- 
cuit for every one hundred thousand of population of the state. One 
judge shall be elected for each of said circuits by the electors thereof. 
New circuits may be formed and the boundaries of circuits changed 
by the general assembly, at its session next preceding the election for 
circuit judges, but at no other time: Provided, That the circuits may 
be equalized or changed at the first session of the general assembly 
after the adoption of this constitution. The creation, alteration or 
change of any circuit shall not affect the tenure of office of any judge. 
Whenever the business of the circuit court of any one. or of two or 
more contiguous counties, containing a population exceeding fifty 
thonsand. shall occupy nine months of the year, the general assembly 
may make of such county, or counties, a separate circuit. Whenever 
additional circuits are created, the foregoing limitations shall be ob- 
served.— Ill (1870), Art. 6. 

Sec. 15. The general assembly may divide the state into judicial cir- 
cuits of greater population and territory in lieu of the circuits provided 
for in section thirteen of this article, and provide for the election there- 
in, severally, by the electors thereof, by general ticket, of not exceed- 
ing four judges, who shall hold the circuit courts in the circuit for 
which they shall be elected, in such manner as may be provided bv law. 
— III. (1870), Art. 6. 

Sec. 23. The county of Cook shall be one judicial circuit. The cir- 
cuit court of Cook shall consist of five judges, until their number shall 
be in creased as herein provided. The present judge of the recorder's 
courl of the city of Chicago, and the present judge of the circuit court 
of Cook county, shall be two of said judges, and shall remain in 
office for the terms for which they were respectively elected, and until 
their successors shall be elected and qualified. The superior court of 
Chicago shall be continued, and called the "superior court of Cook 
county." The general assembly may increase the number of said judges, 
by adding one to either of said courts for every additional fifty thou- 
sand inhabitants in said county over and above a population of four 
hundred thousand. The terms of office of the judges of said courts. 
hereafter elected, shall be six years. — ///. (1870), .1/7. <;. 

Sec. 9. The state shall, from time to time, be divided into judicial 
circuits, and a judge for each circuit shall be elected by the voters 
thereof. Me shall reside within the circuit, and shall hold his office 
for the term oi six years 3 if he so long behave well. — hid. (1851 I, .1/7.7. 



99 

Sec. 5. The district court shall consist of a single judge, who shall 
be elected by The Qualified electors of the district in which he resides. 
The judge of the district court shall hold his office for the term of four 
years, and uutil his successor shall have been elected and qualified; 
and shall be ineligible to any other office, except that of judge of the 
supreme court, during the term for which he was elected. — Iowa li 
Art, 5, 

Amdt. 2. At any regular session of the general assembly, the state 
may be divided into the necessary judicial districts for district court pur- 
]»oses, or the said district may be reorganized and the number of the 
districts and the judges of said courts increased or diminished: but no 
reorganization of the districts or diminution of the judges shall have 
the effect of removing a judge from office. — Iowa (1857), Amdt. 2. 

Sec. 5. The state shall be divided into five judicial districts, in each 
of which there shall be elected, by the electors thereof, a district judge, 
who shall hold his office for the term of four years. District courts 
shall be held at such times and places as may be provided by law. — 
Kan. (1859), Art. 3. 

Sec. 125. A circuit court shall be established in each county now 
existing, or which may hereafter be created in this commonwealth. — 
Ky. (1891), Sec. 125. 

Sec. 128. At its first session after the adoption of this constitution; 
the general assembly, having due regard to territory, business and 
population, shall divide the state into a sufficient number of judicial 
districts to carry into effect the provisions of this constitution con- 
cerning circuit courts. In making such apportionment no county shall 
1>e divided, and the number of said districts, excluding those in coun- 
ties having a population of one hundred and fifty thousand, shall not 
exceed one district for each sixty thousand of the population of the 
entire state.— Kij. 1 1891 1 . Sec. 128. 

Sec. 137. Each county having a population of one hundred and fifty 
thousand or over, shall constitute a district, which shall be entitled 
to four judges. Additional judges for said district may. from time to 
time, be authorized by the general assembly, but not to exceed one 
judge for each increase for forty thousand of population in said county, 
to be ascertained by the last enumeration. Each of the judges in 
such a district shall hold a separate court, except when a general term 
may be held for the purpose of making rules of court, or as may be re- 
quired by law: Provided. Xo general term shall have power to review 
any order, decision or proceeding of any branch of the court in said 
district made in separate term. There shall be one for such district 
who shall be known as the clerk of the circuit court. Criminal causes 
shall be under the exclusive jurisdiction of some one branch of said 
court, and all other litigation in said district, of which the circuit 
court may have jurisdiction, shall be distributed as equally as may be 
between the other branches thereof, in accordance with the rules of 
the court made in general term or as may be prescribed by law. — 
Ey. (1891), Sec. 137. 



100 

Sec 138. Each county having a city of twenty thousand inhabitants, 

and a population, including said city, of forty thousand or more, may 
constitute a district, and when its population reaches seventy-five thou- 
sand, the general assembly may provide that it shall have an additional 
judge for each additional fifty thousand population above one hundred 
thousand. And in such comities the general assembly shall, by proper 
Inws. direct in what manner the court shall be held and the business 
therein conducted.— Ky. (1891), Sec. 188. 

Art. 107. The state shall be divided into not less than twenty nor more 
than twenty-nine judicial districts, the parish of Orleans excepted. 

Until otherwise provided bv law, there shall be twentv-nine districts. 
—La. (1898), Art. 107. 

Sec. 19. The state shall be divided into eight judicial districts, in 
manner following, viz: The counties of Worcester, Somerset, Dorchester 
and Wicomico, shall constitute the first circuit; the counties of Caro- 
line, Talbot, Queen Anne's, Kent and Cecil, the second; the counties of 
Baltimore and Harford, the third; the counties of Allegany, Washing- 
ton and Garrett, the fourth; the counties of Carroll, Howard and Anne 
Arundel, the fifth ; the counties of Montgomery and Frederick, the sixth ; 
the counties of Prince George's, Charles, Calvert and St. Mary's, the 
seventh, and Baltimore city, the eighth. — Md. (1867), Art. 1. 

Sec. 4. The state shall be divided by the legislature into judicial dis- 
trict, which shall be composed of contiguous territory, be bounded by 
county lines, and contain a population as nearly equal as may be prac- 
ticable. In each judicial district, one or more judges, as the legislature 
may prescribe, shall be elected by the electors thereof, whose term of 
office shall be six years, and each of said judges shall severally have ex- 
ercise the powers of the court, under such limitations as may be pre- 
scribed by law. Every district judge shall, at the time of his election, 
be a resident of the district for which he shall be elected, and shall reside 
therein during his continuance in office. In case any court of common 
pleas heretofore established shall be abolished, the judge of said court 
may be constituted by the legislature one of the judges of the district 
court of the district wherein such court has been so established for a 
period not exceeding the unexpired term for which he was elected. — 
Minn. (1857), Art. 6 {Amdt. 1875). 

Sec. 28. In any circuit composed of a single county, tin 1 general as- 
sembly may, from time to time, provide for one or more additional judges, 
as the business shall require; each of whom shall separately try cases and 
perform all other duties imposed upon circuit judges. — Mo. (1875), 

\r(. (;. 

Sec. 152. The legislature shall divide the state into convenient cir- 
cuit and chancery court districts. — Miss. (1890), Art. 6. 

Sec. 12. The state shall be divided into judicial districts, in each of 
which there shall be elected by the electors thereof one judge of the 
district court, whose term of office shall be four years, except that the 



101 

district judges first elected shall hold their offices only until the general 
election in the year one thousand eight hundred and ninety-two (1892), 
and until their successors are elected and qualified. Any judge of the 
district court may hold court for any other district judge, and shall do so 
when required by law. — Mont. (1889), Art. 8. 

Sec. 10. The state shall be divided into six judicial districts, in each 
of which shall be elected, by the electors thereof, one judge who shall 
be judge of this district court therein, and whose term of office shall be 
four years. Until otherwise provided by law, said districts shall be as 
follows: [Here follows a description of the district.] — Xeb. (1875), 
Art. G. . .. 

Sec. 5. The state is hereby divided into nine judicial districts, of 
which the county of Storey shall constitute the first ; the county of Orms- 
by the second ; the county of Lyon the third ; the county of Washoe the 
fourth ; the counties of Nye and Churchill the fifth ; the county of Hum- 
boldt the sixth ; the county of Lander the seventh ; the county of Douglas 
the eighth, and the county of Esmeralda the ninth. The county of Roop 
shall be attached to the county of Washoe for judicial purposes, until 
otherwise provided by law. The legislature may, however, provide by 
law for an alteration in the boundaries or divisions of the districts here- 
in prescribed, and also for increasing or diminishing the number of the 
judicial districts and judges therein. But no such change shall take ef- 
fect, except in case of a vacancy, or the expiration of the term of an in- 
cumbent of the office. At the first general election under this constitu- 
tion, there shall be elected in each of the respective districts (except as 
in this section hereafter otherwise provided) one district judge, who 
shall hold office from and including the first Monday of December, A. 
D. eighteen hundred and sixty-four, and until the first Monday of Jan- 
uary, in the year eighteen hundred and sixty-seven. After the said first 
election, there shall be elected at the general election wfyich immediately 
precedes the expiration of the term of his predecessor, one district judge 
in each of the respective judicial districts (except in the first district, 
as in this section hereinafter provided). The district judges shall be 
elected by the qualified electors of their respective districts, and shall 
hold office for the term of four years (excepting those elected at said 
first election) from and including the first Monday in January next 
succeeding their election and qualification: Provided, That the first 
judicial district shall be entitled to, and shall have, three district judges, 
who shall possess coextensive and concurrent jurisdiction, and who shall 
be elected at the same times, in the same manner, and shall hold office 
for the like terms as herein prescribed in relation to the judges in other 
judicial districts. An one of said judges may preside on the empaneling 
of grand juries, and the presentment and trial on indictments, under 
such rules and regulations as mav be prescribed by law. — Xcv. (1864), 
Art. 6. 

2. The circuit courts shall be held in every county in this state, by one 
or more of the justices of the supreme court, or a judge appointed for 
that purpose, and shall, in all cases within the county except in those 
of a criminal nature, have common law jurisdiction, concurrent with the 



102 

supreme court; and any final judgment of a circuit court may be docketed 
in the supreme court, and shall operate as a judgment obtained in the 
supreme court from the time of such docketing. — N. J. (1844), Art. 0, 
Sec. ". CI. 2. 

Sec. 10. The state shall be divided into nine judicial districts, for each 
of which a judge shall be chosen; and there shall be held a superior court 
in each county at least twice in each year, to continue for such time in 
each county as may be prescribed by law. But the general assembly may 
reduce or increase the number of districts. — N. C. (1875), Art. 4. 

Sec. 104. The state shall be divided into six judicial districts, in each 
of which there shall be elected at general elections, by the electors thereof. 
one judge of the district court therein, whose term of office shall be four 
years from the first Monday in January succeeding his election and until 
his successor is duly qualified. This section shall not be construed as 
governing the first election of district judges under this constitution. — 
A. Dak: (1889), Art. 4. 

Sec. 3. The state shall be divided into nine common pleas districts, 
of which the county of Hamilton shall constitute one of compact terri- 
tory, and bounded by county lines; and each of said districts, consisting 
of three or more counties, shall be subdivided into three parts, of com- 
pact territory, bounded by county lines, and as nearly equal in popula- 
tion as practicable; in each of which, one judge of the court of common 
pleas for said district, and residing therein, shall be elected by the 
electors of said subdivision. Courts of common pleas shall be held, by 
one or more of these judges, in every county in the district, as Often as 
may be provided by law; and more than one court, or sitting thereof, 
may be held at the same time in each district. — Ohio (1851), Art. 4. 

Sec. <). Until otherwise provided by law, the state shall be divided 
into twenty-one judicial districts, and the qualified electors in each of 
(he said districts shall elect a judge of the district court as provided 
herein, except in the thirteenth judicial district two judges shall be 
elected. Such judge shall be a citizen of the United States, and shall 
have been a resident of the territory embraced within the state for two 
years, and of the territory comprising his district at least one year, prior 
lo his election; and he shall have been a lawyer licensed by some court 
of record, or shall have been a judge of some court of record, or both 
such lawyer and judge, for four years next preceding his election, and 
shall reside in his district during his term of office. The term of office 
of (he district judge shall be four years, and at the time of his election he 
shall have reached the age of twenty-five years. Regular terms of the dis- 
trict court shall be held in each organized county of this state 4 at least 
twice in each year. The time of convening the district court in each 
county in this stale, until the Legislature shall otherwise provide, and the 
duration of the term, shall be fixed by the supreme court of the state. 
The term of the district judges elected at the first election shall expire on 
the last day next preceding the second Monday in January, nineteen 
hundred and eleven, and the judges of the 1 district court thereafter shall 



103 

be elected at the general election next preceding the commencement of 
their terms of office. 

In case of the illness of the judge elected in any district, or if for any 
other cause he shall be unable to preside in the district in which he was 
elected, the chief justice may designate any district judge in the state 
to hold any term of court in said district in lieu of the judge elected to 
hold the courts of said district. Whenever the public business shall 
require it, the chief justice may appoint any district judge of the state to 
hold court in any district, and two or more district judges may sit in any 
district separately at the same time. In the event any judge shall be dis- 
qualified for any reason from trying any case in his district, the parties 
to such case may agree upon a judge pro tempore to try the same, and 
if such parties cannot agree, at the request of either party a judge pro 
tempore may be elected by the members of the bar of the district, present 
at such term. If no election for judge pro tempore shall be had, the chief 
justice of the state shall designate some other district judge to try such 
case.— Olrfa. (1907), Art. 7. 

Sec. 22. The state is hereby divided into five supreme court judicial 
districts, numbered respectively, one to five, inclusive, and is subdivided 
into twenty-one district court judicial districts, numbered respectively, 
one to twenty-one, inclusive; and all such judicial districts shall be and 
remain until changed as provided in this constitution. — Okla. (1907), 
Art. 7. 

Sec. 5. Whenever a county shall contain forty thousand inhabitants 
it shall constitute a separate judicial district and shall elect one judge 
learned in the law ; and the general assembly shall provide for additional 
judges, as the business of the said districts may require. Counties con- 
taining a population less than is sufficient to constitute separate districts 
shall be formed into convenient single districts, or, if necessary, may 
be attached to contiguous districts as the general assembly »may provide. 
The office of associate judge, not learned in the law is abolished in coun- 
ties forming separate districts; but the several associate judges in office 
when this constitution shall be adopted shall serve for their unexpired 
terms.— Pa. (1873), Art, 5. 

Sec. 9. Judges of the courts of common pleas learned in the 
law shall be judges of the courts of oyer and terminer, quarter sessions 
of the peace and general jail delivery, and of the orphans' court, and, 
within their respective districts, shall be justices of the peace as to 
criminal matters. — Pa. (1873), Art. 5. 

Sec. 13. The state shall be divided into as many judicial circuits as 
the getferal assembly may prescribe, and for each circuit a judge shall 
be elected by joint viva voce vote of the general assembly, who shall hold 
liis office for the term of four years ; and at the time of his election he shall 
be an elector of a county of, and during his continuance in office he shall 
reside in, the circuit of which he is judge. The present judges of the 
circuit courts shall continue in office until the expiration of the terms 
for which they were elected, and, should a new division of the judicial 



104 

circuils be made, sliall be the judges of the respective circuits in which 
I hey sliall reside after said division. — 8. G. (1895), Art. 5. 

Sec. 13. The general assembly may at any time arrange the various 
counties into judicial circuits, and into congressional districts, including 
the county of Saluda, as it may deem wise and proper, and may establish 
or alter the location of voting precincts in anv county. — 8. C. (1895), 
Art. 7. 

Sec. 15. The state shall be divided into judicial circuits, in each of 
which there shall be elected by the electors thereof one judge of the circuit 
court therein, whose term of office shall be four years. — S. D. (1889), 
Art. 5. 

Sec. G. The legislature shall, as soon as practicable after the adoption 
of this amendment, divide the state into not less than two nor more than 
three supreme judicial districts, and thereafter into such additional dis- 
tricts as the increase of population and business may require, and shall 
establish a court of civil appeals in each of said districts, which sliall 
consist of a chief justice and two associate justices, who shall have the 
qualifications as herein prescribed for justices of the supreme court. Said- 
court of civil appeals shall have appellate jurisdiction coextensive with 
the limits of their respective districts, which shall extend to all civil 
cases of which the district courts or county courts have original or appel- 
late jurisdiction, under such restrictions and regulations as may be pre- 
scribed by law: Provided, That the decision of said courts shall be con- 
clusive on all questions of fact brought before them on appeal or error. 
Each of said courts of civil appeals shall hold its sessions at a place in 
its district to be designated by the legislature, and at such time as may be 
prescribed by law. Said justices shall be elected by the qualified voters 
of their respective districts, at a general election, for a term of six years, 
and shall receive for their services the sum of three thousand five hun- 
dred dollars per annum until otherwise provided by law. Said courts 
shall have such other jurisdiction, original and appellate, as may be pre- 
scribed by law. Each court of civil appeals shall appoint a clerk, in the 
same manner as the clerk of the supreme court, which clerk shall receive 
such compensation as may be fixed by law. Until the organization of the 
courts of civil appeals and criminal appeals, as herein provided for, the 
jurisdiction, power, and organization and location of the supreme court, 
the court of appeals, and the commission of appeals shall continue as 
they were before the adoption of this amendment. All civil cases which 
may be pending in the courl of appeals shall, as soon as practicable after 
I he organization of the courts of civil appeals, be certified (o and the 
records thereof transmitted to the proper courts of civil appeals, to be 
decided by said courts. At the firsi session of (he supreme court, the 
court <»!' criminal appeals, ami such of the courts of civil appeals which 
may he hereafter created under this article after the first election of the 
judges of such courts under (his amendment, the terms of office of the 
judges of each court shall be divided into three classes, ami the jus- 
tices thereol shall draw for the differenl classes. Those who shall 
draw class No. 1 sliall hold their offices two years, those drawing class 
Xo. '2 shall hold their Offices for four years, and those who mav draw 



105 

class No. 3 shall hold their offices for six years from the date of their 
election and until their successors are elected and qualified; and there- 
after each of the said judges shall hold his office for six years, as pro- 
vided in this constitution. — Tex. (1875), Art. 5 (Amdt). 

Sec. 7. The state shall be divided into as many judicial districts as may 
now or hereafter be provided by law, which may be increased or dimin- 
ished by law. For each district there shall be elected by the qualified 
voters thereof, at a general election, a judge, who shall be a citizen of 
the United States and of this state, who shall have been a practicing 
lawyer of this state or a judge of a court in this state for four years 
next preceding his election; who shall have resided in the district in 
which he was elected for two years next preceding his election; who shall 
reside in his district during his term of office; who shall hold his office 
for the period of four years, and shall receive for his services an annual 
salary of two thousand five hundred dollars, until otherwise changed by 
law. He shall hold the regular terms of his court at the county seat of 
each county in his district at least twice in each year, in such manner 
as may be prescribed by law. The legislature shall have power by general 
or special laws to authorize the holding of special terms of the court, 
or the holding of more than two terms in any county for the dispatch of 
business. The legislature shall also provide for the holding of district 
court when the judge thereof is absent, or is from any cause disabled 
or disqualified from presiding. The district judges who may be in office 
when this amendment takes effect shall hold their offices until their re- 
spective terms shall expire under their present election or appointment. — 
Tex. (1875), Art, 5 {Amdt.). 

Sec. 5. The state shall be divided into seven judicial districts, for 
each of which, at least one, and not exceeding three judges, shall be 
chosen by the qualified electors thereof. The term of office of the 
district judges shall be four years. Except that the district judges 
elected at the first election shall serve until the first Monday in Jan- 
uary, A. D. 1901, and until their successors shall have qualified. Until 
otherwise provided by law, a district court at the county seat of each 
county shall be held at least four times a year. All civil and criminal 
business arising in any county, must be tried in such county, unless 
a change of venue be taken, in such cases as may be provided by law. 
Each judge of a district court shall be at least twenty-five years of 
age, a member of the bar, learned in the law, a resident of the territory 
or state of Utah three years next preceding his election, and shall 
reside in the district for which he shall be elected. Any district judge 
may hold a district court in any county at the request of the judge of 
the district, and upon a request of the governor, it shall be his duty 
to do so. Any cause in the district court may be tried by a judge 
pro tempore, who must be a member of the bar, sworn to try the cause, 
and agreed upon by the parties, or their attorneys of record. — Utah 
(1896), Art, 8. 

Sec. 94. The state shall be divided into twenty-four judicial circuits, 
as follows: [Here follows a description of the circuits.] 

Sec. 96. For each circuit a judge shall be chosen by the joint vote of 
14— Jud. Dept. 



106 

the two bouses of the general assembly. Ee shall, when chosen, possess 
the same qualifications as judges of the supreme court of appeals, and 
during his continuance in office shall reside in the circuit of which he 
is judge. At the first election under this constitution, the general as- 
sembly shall elect, as nearly as practicable, one-fourth of the entire 
number of judges for terms of two years, one-fourth for four years, one- 
fourth for six years, and the remaining fourth for eight years, respec- 
tively; and thereafter thev shall be elected for terms of eight years. — 
Va. (1902), Art. 6. 

Sec. 5. There shall be in each of the organized counties of this state 
a superior court for which at least one judge shall be elected by the 
qualified electors of the county at the general state election: Provided, 
That until otherwise directed by the legislature one judge only shall 
be elected for the counties of Spokane and Stevens, one judge for the 
county of Whitman; one judge for the counties of Lincoln, Okanogan, 
Douglas, and Adams; one judge for the counties of Walla Walla and 
Franklin ; one judge for the counties of Columbia, Garfield, and Asotin ; 
one judge for the counties of Kittitas, Yakima, and Klickitat ; one judge 
for the counties of Clark, Skamania, Pacific, Cowlitz, and Wahkiakum ; 
one judge for the counties of Thurston, Chehalis, Mason, and Lewis; 
one judge for the county of Pierce; one judge for the county of King; 
one judge for the counties of Jefferson, Island, Kitsap, San Juan, and 
Clallam; and one judge for the counties of Whatcom, Skagit, and Sno- 
homish. In any county where there shall be more than one superior 
judge, there may be as many sessions of the superior court at the same 
time as there are judges thereof, and whenever the governor shall direct 
a superior judge to hold court in any county other than that for which 
he has been elected, there may be as many sessions of the superior 
court in said county at the same time as there are judges therein, or 
assigned to duty therein by the governor, and the business of the court 
shall be so distributed and assigned by law, or in the absence of legis- 
lation therefor, by such rules and orders of court, as shall best pro- 
mote and secure the convenient and expeditious transaction thereof. The 
judgments decrees, orders, and proceedings of any session of the superior 
court held by any one or more of the judges of such court shall be 
equally effectual as if all the judges of said court presided at such ses- 
sion. The first superior judges elected under this constitution shall 
hold their offices for the period of three years, and until their suc- 
cessors shall be elected and qualified, and thereafter the term of office 
of all superior judges in this state shall be for four years from the 
second Monday in January next succeeding their election, and un- 
til their successors are elected and qualified. The first election of judges 
of the superior court shall be at the election held for the adoption of 
this constitution. If a vacancy occurs in the office of judges of the 
superior court, the governor shall appoint a person to hold the office 
until the election and qualification of a judge to fill the vacancy, which 
election shall be at the next succeeding general election, and the judge 
so elected shall hold office for the remainder of the unexpired term. — 
Wash. I L889), Art. 4. 

Sec. 10. The state shall be divided into thirteen [now eighteen] cir- 



107 

cnits. For the circuit hereinafter called the first, two judges shall he 
elected, and for each of the other circuits one judge shall be elected by 
the voters thereof. Each of the judges so elected shall hold his office 
for the term of eight years unless sooner removed in the manner pre- 
scribed in this constitution. The judges of the circuit courts in office 
when this article takes effect shall remain therein until the expiration 
of the term for which they have been elected in the circuits in which 
they may respectively reside, unless sooner removed as aforesaid. A 
vacancy in the office of a judge of the circuit court shall be filled in the 
same manner as is provided for in the case of a vacancy in the office of 
a judge of the supreme court of appeals. During his continuance in 
office the judge of a circuit court shall reside in the circuit of which 
he is judge. The business of the first circuit may be apportioned be- 
tween the judges thereof, and such judges may hold courts in the same 
county or in different counties within the circuit at the same time or 
at different times as may be prescribed by law. — W. Va. (1872), Art. 8. 

Sec. 5. The state shall be divided into five judicial circuits, to be 
composed as follows: The first circuit shall comprise the counties o^ 
Racine, Walworth, Rock and Green ; the second circuit, the counties 
of Milwaukee, Waukesha, Jefferson and Dane; the third circuit, the 
counties of Washington, Dodge, Columbia, Marquette, Sauk and Port- 
age; the fourth circuit, the counties of Brown, Manitowoc, Sheboygan, 
Fond du Lac, Winnebago and Calumet; and the fifth circuit shall com- 
prise the counties of Iowa, La Fayette, Grant, Crawford and St. Croix; 
and the county of Richland shall be attached to Iowa, the county of 
Chippewa to the county of Crawford, and the county of La Pointe to 
the county of St. Croix for judicial purposes until otherwise provided 
by the legislature.— Wis. (1848), Art. 7. 

Sec. 19. Until otherwise provided by law, the state shall be 
divided into three judicial districts, in each of which there shall be 
elected at general elections, by the electors thereof, one judge of the 
district court therein, whose term shall be six (6) years from the first 
Monday in January succeeding his election and until his successor is 
duly qualified.— Wyo. (1889), Art. 5. 



ALTERATION OF CIRCUITS. 

(79) Sec. 7. The legislature may alter the limits of circuits or irir 
crease the number of the same. No alteration or increase shall have 
the effect to remove a judge from office. In every additional circuit 
established the judge shall be elected by the electors of such circuit and 
his term of office shall continue, as provided in this constitution for 
judges of the circuit court. — Mich. (1850), Art. 6. 

Sec. 10. The state shall be divided into eleven judicial districts; 
and after the year eighteen hundred and sixty, the general assembly 
may reorganize the judicial districts, and increase or diminish the num- 
ber of districts, or the number of judges of the said court, and may 
increase the number of judges of the supreme court, but such increase 



10S 

or diminution shall not be more than one district, or one judge of 
either court, at any one session; and no reorganization of the districts, 
or diminution of the judges, shall have the effect of removing a judge 
from office. Such reorganization of the districts, or any change in the 
boundaries thereof, or any increase or diminution of the number of 
judges, shall take place every four years thereafter, if necessary, and 
at no other time. [Amendment.] At any regular session of the general 
assembly, the state may be divided into the necessary judicial districts 
for district court purposes, or the said districts may be reorganized and 
the number of the districts and the judges of said courts increased or 
diminished; but no reorganization of the districts or diminution of 
the judges shall have the effect of removing a judge from office. — Ioica 
(1857), Art. 5 (Amdt. 1880). 

Sec. 14. Provision may be made by law for the increase of the num- 
ber of judicial districts whenever two-thirds of the members of each 
house shall concur. Said districts shall be formed of compact terri- 
tory and bounded by county lines, and such increase shall not vacate 
the office of any judges. — Kun. (1850), Art. 3. 

Sec. 132. The general assembly, when deemed necessary, may estab- 
lish additional districts; but the whole number of districts, exclusive of 
counties having a population of one hundred and fifty thousand, shall 
not exceed at any time one for every sixty thousand of population of the 
state according to the last enumeration. — Ky. (1801), Sec. 132. 

Sec. 134. The judicial districts of the state shall not be changed ex- 
cept at the first session after an enumeration, unless upon the estab- 
lishment of a new district. — Ky. (1801), Sec. 134. 

Sec. 12. The legislature may at any time change the number of 
judicial districts or their boundaries, when it shall be deemed expedient; 
but no such change shall vacate the office of any judge. — Minn. (1857), 
Art. 6. 

Sec. 24. The state, except as otherwise provided in this constitution, 
shall be divided into convenient circuits of contiguous counties, in each 
of which circuits one circuit judge shall be elected; and such circuits 
may be changed, enlarged, diminished or abolished, from time to time, 
as public convenience may require; and whenever a circuit shall be 
abolished, the office of the judge of such circuit shall cease. — Mo. (1875), 
Art. 6. 

Sec. 14. The legislative assembly may increase or decrease the num- 
ber of judges in any judicial district : Provided. That there shall be 
at least one judge in any district established by law; and may divide 
the state, or any part of thereof, into new districts: Provided, That 
each be formed of compact territory and be bounded by county lines, 
but no changes in the number or boundaries of districts shall work 
a removal of any judge from office during the term for which he has 
been elected or appointed. — Mont. (1889), Art. S. 



109 

Sec. 11. The legislature, whenever two-thirds of the memners elected 
to each house shall concur therein, may in, or after the year one thou- 
sand eight hundred and eighty, and not oftener than once in every 
lour years, increase the number of judges of the district courts and the 

judicial districts of the state. Such districts shall be formed of com- 
pact territory, and bounded by county lines; and such increase, or 
any change in the boundaries of a district, shall not vacate the office 
of any judge. — Neb. (1875), Art. 6. 

Sec. 106. The legislative assembly may whenever two-thirds of the 
members of each house shall concur therein, but not oftener than once 
in lour years increase the number of said judicial districts and the 
judges thereof; such districts shall be formed from compact territory 
and bounded by county lines, but such increase or change in the boun- 
daries of the districts shall not work the removal of any judge from 
his office during the term for which he may have been elected or ap- 
pointed.— N. Dak. (1889), Art. 4. 

Sec. 15. The general assembly may increase, or diminish, the num- 
ber of the judges of the supreme court, the number of the districts 
of the court of common pleas, the number of judges in any district, 
change the districts, or the subdivisions thereof, or establish other courts, 
whenever two-thirds of the members elected to each house shall concur 
therein; but no such change, addition or diminution, shall vacate the 
office of any judge. — Ohio (1851), Art. 4. 

Sec. IT. The legislature may, whenever two-thirds of the members 
of each house shall concur therein, increase the number of judicial 
circuits and. the judges thereof, and divide the state into judicial cir- 
cuits accordingly, taking care that they be formed of compact terri- 
tory and be bounded by county lines but such increase of number or 
change in the boundaries of districts shall not work the removal of any 
judge from his office during the term for which he shall have been 
elected or appointed.— 8. D. (1889), Art, 5. 

Sec. 6. The legislature may change the limits of any judicial district, 
or increase or decrease the number of districts, or the judges thereof. 
No alteration or increase shall have the effect of removing a judge from 
office. In every additional district established, a judge shall be elected 
by the electors thereof, and his term of office shall continue as provided 
in section five of this article.— Utah (1896), Art. 8. 

Sec. 95. After the first day of January, nineteen hundred and six, as 
the public interest requires, the general assembly may rearrange the 
said circuits and increase or diminish the number thereof. But no new 
circuit shall be created containing, by the last United States census or 
other census provided by law, less than forty thousand inhabitants, nor 
when the effect of creating it will be to reduce the number of inhabitants 
in anv existing circuit below fortv thousand according to such census. — 
Va. (1902), Art. 6. 

Sec. 14. The legislature may rearrange the circuits herein provided 



110 

for a I any session thereof, next preceding any general election m the 
judges of said circuits, and after the year one thousand eight hundred 
and eighty-eight, may, at any such session, inn-ease or diminish the 
number thereof. — IT. Va. (1872), Art. 8. 

Sec. 6. The legislature may alter the limits, or increase the number 
of circuits, making them as compact and convenient as practicable, and 
bounding them by county lines ; but no such alteration or increase shall 
have the effect to remove a judge from office. In case of an increase of 
circuits, the judge or judges shall be elected as provided in this con- 
stitution and receive a salary not less than herein provided for the judges 
of the circuit court. — Wis. (1848), Art. 7. 

Sec. 21. The legislature may from time to time increase the number 
of said judicial districts and the judges thereof, but such increase or 
change in the boundaries of the district shall not work the removal of 
any judge from his office during the term for which he may have been 
elected or appointed: Provided, The number of districts and district 
judges shall not exceed four until the taxable valuation of property in 
the state shall exceed one hundred million dollars (f 100,000,000). — Wi/ck 
v(1889), Art. 5. 



JURISDICTION OF CIRCUIT COURTS. 

(80) Sec. 8. The circuit court shall hare original jurisdiction in all 
matters civil and criminal not excepted in this constitution, and not 
prohibited by laic, and appellate jurisdiction from all inferior courts and 
tribunals and a supervisory control of the same. They shall also hare 
power to issue writs of habeas corpus, mandamus, injunction, quo war- 
ranto, certiorari, and other writs necessary to carry into effect their or- 
ders, judgments and decrees, and (/ire them general control over inferior 
courts and tribunals within their respective jurisdictions, and in all such 
other cases and matters as the supreme court shall by rule prescribe. — 
Mich. (1850), Art. 6. 

Sec. 14:». The circuit court shall have original jurisdiction in all mat- 
ters civil and criminal within the state not otherwise excepted in this 
constitution; but in civil cases, other than suits for libel, slander, assault 
and battery, and ejectment, it shall have no original jurisdiction except 
where the matter or sum in controversy exceeds fifty dollars. — Ala. 
i L903 >, Art. 6. 

Sec. lis. The legislature may confer uponthe circuit court or the 
chancery court the jurisdiction of both of said courts. In counties hav- 
ing two or more courts of record, the legislature may provide for the 
consolidation of all or any such courts of record, except the probate 
court, with or without separate divisions, and a sufficient number of 
judges for the transaction of the business of such consolidated court. — 
Ala. i r.MM i. Art. 6. 

Sec. 11. The circuit courts shall have jurisdiction in all civil and 



Ill 

criminal cases, the exclusive jurisdiction of which may not be vested in 
some other court provided for by this constitution. — Ark. (1874), Art. 7. 

Sec. 14. The circuit courts shall exercise a superintending control 
and appellate jurisdiction over county, probate, court of common pleas 
and corporation courts and justices of the peace, and shall have power 
to issue, hear and determine all the necessary writs to carry into effect 
their general and specific powers, any of which writs may be issued 
upon order of the judge of the appropriate court in vacation. — Ark. 
(1874), Art. 7. 

Sec. 15. Until the general assembly shall deem it expedient to estab- 
lish courts of chancery the circuit courts shall have jurisdiction in mat- 
ters of equity, subject to appeal to the supreme court, in such manner 
as may be prescribed by law. — Ark. (1874), Art. 7. 

Sec. 5. The superior court shall have original jurisdiction in all cases 
in equity, and in all cases at law which involve the title or possession 
of real property, or the legality of any tax, impost, assessment, toll, or 
municipal fine, and in all other cases in which the demand, exclusive of 
interest, or the value of the property in controversy, amounts to three 
hundred dollars, and in all criminal cases amounting to felony, and cases 
of misdemeanor not otherwise provided for; of actions of forcible entry 
and detainer; of proceedings in insolvency; of actions to prevent or 
abate a nuisance; of all matters of probate; of divorce and for annul- 
ment of marriage; and of all such special cases and proceedings as are 
not otherwise provided for. And said court shall have the power of 
naturalization, and to issue papers therefor. They shall have appellate 
jurisdiction in such cases arising in justices' and other inferior courts 
in their respective counties as may be prescribed by law. They shall be 
always open (legal holidays and non-judicial days excepted), and the 
process shall extend to all parts of the state : Provided, That all actions 
for the recovery of the possession of, quieting the title to, or for the en- 
forcement of liens upon real estate, shall be commenced in the county 
in which the real estate, or any part thereof, affected by such action or 
actions, is situated. Said courts, and their judges, shall have power to 
issue writs of mandamus, certiorari, prohibition, quo warranto, and 
habeas corpus, on petition by or on behalf of any person in actual cus- 
tody, in their respective counties. Injunctions and w r rits of prohibition 
may be issued and served on legal holidavs and non-judicial davs. — Cal. 
(1880), Art. 6, Sec. 5. 

Sec. 6. There shall be in each of the organized counties, or cities and 
counties, of the state, a superior court, for each of which at least one 
judge shall be elected by the qualified electors of the county, or city and 
county, at the general state election : Provided. That until otherwise 
ordered by the legislature, only one judge shall be elected for the counties 
of Yuba and Sutter, and that in the city and county of San Francisco 
there shall be elected twelve judges of the superior court, any one 
or more of whom may hold court. There may be as many sessions of 
said court, at the same time, as there are judges thereof. The said judges 
shall choose from their own number, a presiding judge, who may be re- 



L12 

moved a1 their pleasure. He shall distribute the business of the court 
among the judges thereof, and prescribe the order of business. The 
judgments, orders, and proceedings o1 any session of the superior court 
held by any one or more of the judges of said courts, respectively, shall 
be equally effectual as if all the indues of said respective courts presided 
at such session. In each of the counties of Sacramento, San Joaquin, Los 
Angeles, Sonoma, Santa Clara, and Alameda, there shall be elected two 
such judges. The term of office of judges of the superior courts shall 
be six years from and after the first .Monday of January next succeeding 
their election: Provided, That the twelve judges of the superior court 
elected in the city and county of San Francisco, at the first election held 
under this constitution, shall at their erst meeting so classify themselves, 
by lot, thai fpur of them shall go out of office at the end of two years, 
and four of them shall go out of office at the end of four years, and four 
of them shall go out of office at the end of six years, and an entry of 
such classification shall he made in the minutes of the court, signed by 
them, and a duplicate thereof filed in the office of the secretary of state. 
The first election of judges of the superior courts shall take place at the 
first general election held after the adoption and ratification of this con- 
stitution. If a vacancy occur in the office of judge of a superior court, 
the governor shall appoint a person to hold the office until the election 
and qualification of a judge to fill the vacancy, which election shall take 
place at the next succeeding general election, and the judge so elected 
shall hold office for the remainder of the unexpired term. — Cal. (1880), 
Art. 0. 

Sec. 11. The district court shall have original jurisdiction of all 
causes, both at law and in equity, and such appellate jurisdiction as may 
be conferred by law. They shall have original jurisdiction to determine 
all controversies upon relation of any person on behalf of the people, 
concerning (he rights, duties and liabilities of railroad, telegraph or toll- 
road companies or corporations. — Colo. (187(3), Art. 6. . 

Sec. 8. The court of general sessions shall have all the jurisdiction 
and powers vested, by the laws of this state in the court of general 
sessions of the peace and jail delivery. — Del, (1S97), Art. 1. 

Sec. 0. The court of oyer and terminer shall have all the jurisdiction 
and powers vested by the laws of this state in the court of over and 
terminer.— Del. (1897), Art. 1. 

Sec. in. The jurisdiction of each of the aforesaid courts shall be co- 
extensive with the staie. Process may be issued out of each court, in 
either county, into every comity. No costs shall be awarded against any 
party to a cause by reason of the fact that suit is brought in a county 
oilier than thai in which the defendant or defendants may reside at the 
time of bringing suit. — Del. (1897), Art. 1. 

Sec. 20. The general assembly, notwithstanding anything contained 
in this article, shall have power to repeal or alter any act of the general 
assembly, giving jurisdiction to the court of oyer and terminer, the 
superior conn, the court of genera] sessions of the peace and jail de- 



113 

livery, the orphans' court or the court of chancery, in any matter, or 

giving any power to cither of the said courts. The general assembly 
shall also have power to confer upon the courts of oyer and terminer, 
the superior court, the court of general sessions, the orphans' court and 
the court of chancery jurisdiction and powers in addition to those here- 
inbefore mentioned. Until the general assembly shall otherwise direct, 
there shall be an appeal to the supreme court in all cases in which there 
is an appeal, according to any act of the general assembly, to the court 
of errors and appeals. — Del. (1897), Art. 4. 

Sec. 7. The superior court shall have jurisdiction of all causes of a 
civil nature, real, personal and mixed, at common law and all other the 
jurisdiction and powers vested by the laws of this state in the superior 
court.— Del (1897), Art. 4. 

Sec. 11. The circuit courts shall have exclusive original jurisdiction 
in all cases in equity, also in all cases at law, not cognizable by inferior 
courts, and in all cases involving the legality of any tax, assessment, or 
toll; of the action of ejectment and of all actions involving the titles or 
boundaries of real estate, and of all criminal cases not cognizable by 
inferior courts; and original jurisdiction of actions of forcible entry and 
unlawful detainer, and of such other matters as the legislature may pro- 
vide. They shall have final appellate jurisdiction in all civil and criminal 
cases arising in the county court, or before the county judge, of all mis- 
demeanors tried in criminal courts, of judgments or sentences of any 
mayor's court, and of all cases arising before justices of the peace in 
counties in which there is no county court; and supervision and appel- 
late jurisdiction of matters arising before county judges pertaining to 
their probate jurisdiction, or to the estates and interests of minors, and 
of such other matters as the legislature may provide. The circuit 
courts and judges shall have power to issue writs of mandamus, injunc- 
tion, quo warranto, certiorari, prohibition, habeas corpus and all writs 
proper and necessary to the complete exercise of their jurisdiction. — Fla. 
(1885), Art. 5. 

Sec. 12. The circuit courts and circuit judges may have such extra 
territorial jurisdiction in chancer v cases as may be prescribed bv law. — 
Fla. (1885), Art. 5. 

Sec. 4. Par. 1. The superior courts shall have exclusive jurisdiction in 
cases of divorce ; in criminal cases where the offender is subjected to loss 
of life, or confinement in the penitentiary; in cases respecting titles to 
land, and equity cases. — Ga. (1877), Art. 6. 

Sec. 4. Par. 2. The general assembly may confer upon the courts of 
common law all the powers heretofore exercised bv courts of equitv in 
this state.— Ga. (1877), Art. G. 

Sec. 4. Par. 3. Said courts shall have jurisdiction in all civil cases, 
except as hereinafter provided. — Ga. (1877), Art. 6. 
15— Jud. Dept. 



114 

See. 4. Par. 4. They shall have appellate jurisdiction in all such cases 
as may be provided by law. — Ga. (1877), Art. G. 

Sec. 4. Par. 5. They shall have power to correct errors in inferior 
judicatories by writ of certiorari, which shall only issue on the sanction 
of the judge; and said courts and the judges thereof shall have power to 
issue writs of mandamus, prohibition, scire facias, and all other writs 
that may be necessary for carrying their powers fully into effect, and 
shall have such other powers as are or may be conferred on them by law. 
—Ga. (1877), Art. 6. 

Sec. 20. The district court shall have original jurisdiction in all cases, 
both at law and in equity, and such appellate jurisdiction as may be 
conferred by law.— Idaho (1889), Art. 5. 

Sec. 12. The circuit courts shall have original jurisdiction of all 
causes in law and equity, and such appellate jurisdiction as is or may 
be provided by law, and shall hold two or more terms each year in 
every countv. The terms of office of judges of circuit courts shall be six 
years.— Ill (1870), Art. 6. 

Sec. 8. The circuit courts shall each consist of one judge, and shall 
have such civil and criminal jurisdiction as may be prescribed by law. — 
Ind. (1851), Art. 7. 

Sec. 6. The district court shall be a court of law and equity which 
shall be distinct and separate jurisdictions, and have jurisdiction in 
civil and criminal matters arising in their respective districts, in such 
manner as shall be prescribed by law. — Iowa (1857), Art. 5. 

Sec. 6. The district courts shall have such jurisdiction in their re- 
spective districts as may be provided by law. — Kan. (1859), Art. 3. 

Sec. 1G. The several justices and judges of the courts of record in 
this state, shall have jurisdiction at chambers as may be provided by 
•law.— Kan. (1859), Art. 3. 

Sec. 126. The jurisdiction of said court shall be and remain as now 
established, herebv giving to the general assembly the power to change 
it.— Ky. (1891), £ec;.126. 

Art. 109. The district courts, except in the parish of Orleans, shall 
have original jurisdiction in all civil matters where the amount in dis- 
pute shall exceed fifty dollars, exclusive of interest, and in all cases 
where title to real estate is involved, or to office, or other public position, 
or civil or political rights, and all other cases where no specific amount 
is in contest, except as otherwise provided in this constitution. They 
shall have unlimited and exclusive original jurisdiction in all criminal 
cases, except such as may be vested in other courts authorized by this 
constitution; and in all probate and succession matters, and where 
a succession is n party defendant; and in all eases where the state, 
parish, any municipality or other political corporation, is a party de- 



115 

fendant. regardless of the amount in dispute; and of all proceedings for 
the appointment of receivers or liquidators to corporations or partner- 
ships: and said courts shall have authority to issue all such writs, 
process and orders as may be necessary or proper for the purposes 
of the jurisdiction herein conferred upon them. There shall be one 
district judge in each judicial district, except in the twenty-first judicial 
district, where, until otherwise provided by law, there shall be two 
district judges, who shall not be residents of the same parish. District 
judges shall be elected by a plurality of the qualified voters of their 
respective districts, in which they shall have been actual residents for 
two years next preceding their election : Provided, One year's residence 
only in the district shall be required for the first election under this 
constitution. They shall be learned in the law, and shall have practiced 
law in the state five years previous to their election. 

The first district judges under this constitution shall be elected at 
the general state election in 1900, and shall hold office until their 
successors are elected at the election on the Tuesday after the first 
Monday in November, 1904, at which time, and every four years there- 
after, district judges shall be elected for terms of four years. 

Vacancies occasioned by death, resignation, or otherwise, shall be 
filled for the unexpired term by appointment by the governor, with the 
advice and consent of the senate. — La. (1898), Art. 109. 

Art. 111. The district courts shall have jurisdiction of appeals from 
justices of the peace in all civil matters, regardless of the amount in 
dispute, and from all orders requiring a peace bond. Persons sentenced 
to a fine or imprisonment, by mayors or recorders, shall be entitled to 
an appeal to the district court of the parish, upon giving security for 
fine and costs of court, and in such, cases trial shall be de novo and 
without juries.— La. (1898), Art. 111. 

Sec. 20. A court shall be held in each county of the state, to be 
styled the circuit court for the county in which it may be held. The 
said circuit courts shall have and exercise, in the respective counties, all 
the power, authority and jurisdiction, original and appellate, which 
the present circuit courts of this state now have and exercise, or which 
may hereafter be prescribed by law. — Md. (1867), Art. 4. 

Sec. 5. The district courts shall have original jurisdiction in all 
civil cases, both in law and equity where the amount in controversy ex- 
ceeds one hundred dollars, and in all criminal cases where the punish- 
ment shall exceed three months' imprisonment or a fine of more than 
one hundred dollars, and shall have such appellate jurisdiction as may be 
prescribed by law. The legislature may provide by law that the judge 
of one district may discharge the duties of judge of any other district 
not his own, when convenience or the public interest may require it. — 
Minn. (1857), Art. 6. 

Sec. 156. The circuit court shall have original jurisdiction in all 
matters civil and criminal in this state not vested by this constitution 
in some other court, and such appellate jurisdiction as shall be pre- 
scribed by law.— Miss. (1890), Art. 6. 



11G 

Sec. 157. All causes that may be brought in the circuit court whereof 
the chancery court has exclusive jurisdiction shall he transferred to 
the chancery court. — Miss. (1890), Art. 0. 

Sec. 22. The circuit court shall have jurisdiction over all criminal 
cases not otherwise provided for by law; exclusive original jurisdiction 
in all civil cases not otherwise provided for; and such concurrent jurisdic- 
tion and appellate jurisdiction from inferior tribunals and justices of 
the peace as is or may be provided by law. It shall hold its terms 
:it such limes and places in each count;- as may be by law directed; 
but at least two terms shall be held, every year in each county. — Mo. 
(1875), Art. 6. 

Sec. 23. The circuit court shall exercise a superintending control 
over criminal courts, probate courts, county courts, municipal corpora- 
tion courts, justices of the peace, and all inferior tribunals in each 
county in their respective circuits. — Mo. (1875), Art. 6. 

Sec. 11. The district court shall have original jurisdiction in all cases 
at law and" in equity, including all cases which involve the title or right 
of possession of real property, or the legality of any tax. impost, assess- 
ment, toll or municipal fine, and in all cases in which the debt, damage, 
claim or demand, exclusive of interest, or the value of the property in 
controversy exceeds fifty dollars; and in all criminal cases amounting 
to felony, and in all cases of misdemeanor not otherwise provided for; 
of actions of forcible entry and unlawful detainer; of proceedings in 
insolvency; of actions to prevent or abate a nuisance; of all matters 
of probate; of actions of divorce and for annulment of marriage, and 
for ;ill such special actions and proceedings as are not otherwise pro- 
vided for. And said courts shall have the power of naturalization, and 
to issue papers therefor, in all cases where they are authorized so to 
do by the laws of the United States. They shall have appellate juris- 
diction in such cases arising in justices and other inferior courts in 
their respective districts as may be prescribed by law, and consistent 
with this constitution. Their process shall extend to all parts of the 
state, provided that all actions for the recovery of, the possession of. 
quieting the title to, or for the enforcement of liens upon real property, 
shall be commenced in the county in which the real property, or any 
part thereof, affected by such action or actions, is situated. Said courts 
and the judges thereof shall have power also to issue, hear and determine 
writs of mandamus, quo warranto, certiorari, prohibition, injunction 
and other original and remedial writs, and also all writs of habeas corpus 
on petition by, or on behalf of. any person held in actual custody in their 
respective districis. Injunctions, writs of prohibition and habeas corpus, 
may be issued and served on legal holidays and non-judicial days. — 
Mont. ( 1SS!>). Art. 8. 

See. !). The district courts shall have both chancery and common 
law jurisdiction, and such other jurisdiction as the legislature may pro- 
vide and the judges thereof may admit persons charged with felony to 
a plea of guilty and pass such sentence as may be prescribed by law. — 
Neb. i L875), Art. 6. 



117 

Sec. 2:>. The several judges of the courts of record shall have such 
jurisdiction at chambers as may be provided by law. — Neb. (1875), 
Art. G. 

Sec. G. The district courts in the several judicial districts of this 
state shall have original jurisdiction in all cases in equity; also, in all 
eases at law which involve the title or the right of possession, to, or 
the possession of, real property or mining claims, or the legality of any 
tax, impost, assessment, toll or municipal line, and in all other cases 
in which the demand (exclusive of interest) or the value of the prop- 
erty in controversy exceeds three hundred dollars; also, in all cases 
relating to the estates of deceased persons, and the persons and estates 
of minors and insane persons, and of the action of forcible entry and 
unlawful detainer ; and also in all criminal cases not otherwise provided 
for by law ; they shall also have final appellate jurisdiction in cases 
arising in justices courts, and such other inferior tribunals as may 
be established by law. The district courts and the judges thereof shall 
have power to issue w r rits of mandamus, injunction, quo warranto, 
certiorari, and all other writs proper and necessary to the complete 
exercise of their jurisdiction; and also shall have pow T er to issue writs 
of habeas corpus on petition by, or on behalf of, any person held in 
actual custody in their respective districts. — Nev. (1864), Art. 6. 

10. The legislature may vest in the circuit courts, or courts of 
common pleas within the several counties of this state, chancery powers, 
so far as relates to the foreclosure of mortgages and sale of mortgaged 
premises.— X. J. (1844), Art. 4, Sec. 7, CI. 10. 

Sec. 103. The district courts shall have original jurisdiction, except 
as otherwise provided in this constitution, of all causes both at law and 
equity, and such appellate jurisdiction as may be conferred by law. 
They and the judges thereof shall also have jurisdiction and power to issue 
writs of habeas corpus, quo warranto, certiorari, injunction and other 
original and remedial writs, with authority to hear and determine the 
same.— N. Dak. (1889), Art. 4. 

Sec. 4. The jurisdiction of the courts of common pleas, and of the 
judges thereof shall be fixed by law. — Ohio (1851), Art. 4. 

Sec. 6. The circuit court shall have like original jurisdiction with 
the supreme court, and such appellate jurisdiction as may be provided 
by law. Such courts shall be composed of such number of judges as 
may be provided by law, and shall be held in each county at least 
once in each year. The number of circuits and the boundaries thereof, 
shall be prescribed by law. Such judges shall be elected in each cir- 
cuit by the electors thereof, and at such time and for such term as may 
be prescribed by law, and the same number shall be elected in each cir- 
cuit. Each judge shall be competent to exercise his judicial powers in 
any circuit. The general assembly may change, from time to time, 
the number of boundaries of the circuits. The circuits shall be the 
successors of the district courts, and all cases, judgments, records, and 
proceedings pending in said district courts, in the several counties of 



118 

any district, shall be transferred to the circuit courts in the several 
counties, and be proceeded in as though said district courts had not 
been abolished, and the district comis shall continue in existence until 
the election and qualification of the judges of the circuit courts. [As 
amended October 9, 1883; 80 v. 382.]— Ohio (1851), Art. 4. 

Sec. 18. The several judges of the supreme court, of the common pleas, 
and of such other courts as may be created, shall, respectively, have and 
exercise such power and jurisdiction, at chambers, or otherwise, as may 
be directed by law. — Ohio (1851), Art. 4. 

Sec. 10. The district courts shall have original jurisdiction in all 
cases, civil and criminal, except where exclusive jurisdiction is by this 
constitution, or by law, conferred on some other court, and such appel- 
late jurisdiction as may be provided in this constitution, or by law. 
The district courts, or any judge thereof, shall have power to issue writs 
of habeas corpus, mandamus, injunction, quo warranto, certiorari, pro- 
hibition, and other writs, remedial or otherwise, necessary or proper to 
carry into effect their orders, judgments, or decrees. The district courts 
shall also have the power of naturalization in accordance with the laws 
of the United States.— Okla. (1907), Art. 7. 

Sec. 9. All judicial power, authority and jurisdiction not vested by 
this constitution, or by laws consistent therewith exclusively in some 
other court, shall belong to the circuit courts; and they shall have appel- 
late jurisdiction and supervisory control over the county courts, and all 
other inferior courts, officers and tribunals. — Ore. (1857), Art. 7. 

Sec. 6. In the counties of Philadelphia and Allegheny all the jurisdic- 
tion and powers now vested in the district courts and courts of common 
pleas, subject to such changes as may be made by this constitution or In- 
law, shall be, in Philadelphia, vested in four, and in Allegheny two, dis- 
tinct and separate courts of equal and co-ordinate jurisdiction, com- 
posed of three judges each ; and said courts in Philadelphia shall be 
designated respectively as the court of common pleas number one, num- 
ber two, number three and number four, and in Allegheny as the court 
of common pleas number one and number two, but the number of said 
courts may be by law increased, from time to time, and shall be in like 
manner designated by successive numbers; the number of judges in any 
of said courts, or in any county where the establishment of an additional 
court may be authorized by law, may be increased from time to time, 
and whenever such increase shall amount in the whole to three, such 
three judges shall compose a distinct and separate court as aforesaid, 
which shall be numbered as aforesaid. In Philadelphia all suits shall be 
instituted in the said courts of common pleas without designating the 
number of said court, and the several courts shall distribute and appor- 
tion the business among them in such manner as shall be provided by 
lilies of court, and each court to which any suit shall be thus assigned 
shall have exclusive jurisdiction thereof, subject to change of venue as 
shall be provided by law. In Allegheny each court shall have exclusive 
jurisdiction of all proceedings at law and in equity, commenced therein, 



119 

subject to change of venue, as may be provided by law. — Pa. (1873) , 
Art. 5. 

Sec. 8. The said courts in the counties of Philadelphia and Allegheny, 
respectively, shall, from time to time, in turn, detail one or more of their 
judges to hold the courts of oyer and terminer and the courts of quar- 
ter sessions of the peace of said counties in such manner as may be 
directed by law.— Pa. (1873), Art. 5. 

Sec. 10. The judges of the courts of common pleas, within their 
respective counties shall have power to issue writs of certiorari to jus- 
tices of the peace and other inferior courts not of record, and to cause 
their proceedings to be brought before them and right and justice to be 
done.— Pa, (1873), Art, 5. 

Sec. 20. The several courts of common pleas, besides the powers 
herein conferred, shall have and exercise within their respective dis- 
tricts, subject to such changes as may be made by law, such chancery 
powers as are now vested by law in the several courts of common pleas 
of this commonwealth or as may hereafter be conferred upon them by 
law.— Pa. (1873), Art. 5. 

Sec. 15. The courts of common pleas shall have original jurisdiction, 
subject to appeal to the supreme court, to issue writs or orders of in- 
junction, mandamus, habeas corpus, and such other writs as may be 
necessary to carry their powers into full effect. They shall have juris- 
diction in all civil cases. They shall have appellate jurisdiction in all 
cases within the jurisdiction of inferior courts, except from such in- 
ferior courts from which the general assembly shall provide an appeal 
directly to the supreme court. — 8. C. (1895), Art. 5. 

Sec. 18. The court of general sessions shall have jurisdiction in all 
criminal cases except those cases in which exclusive jurisdiction shall 
be given to inferior courts, and in these it shall have appellate jurisdic- 
tion. It shall also have concurrent jurisdiction with, as well as appellate 
jurisdiction from, the inferior courts in all cases of riot, assault and 
battery, and larceny. It shall sit in each county in the state at least 
twice in each year at such stated times and places as the general assem- 
bly may direct— £. C. (1895), Art. 5. 

Sec. 33. Circuit courts and all courts inferior thereto and municipal 
courts shall have the power, in their discretion, to impose sentence of 
labor upon highways, streets and other public works upon persons by 
them sentenced to imprisonment. — S. C. (1895), Art. 5. 

Sec. 14. The circuit court shall have original jurisdiction of all 
actions and causes, both at law and in equity, and such appellate juris- 
diction as may be conferred by law and consistent with this constitution ; 
such jurisdiction as to value and amount and grade of offense may be 
limited by law. They and the judges thereof shall also have jurisdic- 
tion and power to issue writs of habeas corpus, mandamus, quo war- 



120 

ranto, certiorari, injunction and other original and remedial writs, with 
authority to hear and determine the same. — 8. D. (1880), Art. 5. 

Sec. 8. The jurisdiction of the circuit, chancery, and other inferior 
courts shall be as now established by law, until changed by the legis- 
lature.— Tenn. (1870), Art. G. 

Sec. 8. The district court shall have original jurisdiction in all crim- 
inal cases of the grade of felony; in all suits in behalf of the state to 
recover penalties, forfeitures, and escheats ; of all cases of divorce ; of all 
misdemeanors involving official misconduct; of all suits to recover dam- 
ages for slander or defamation of character; of all suits for trial of title 
to land and for the enforcement of liens thereon; of all suits for the 
trial of the right of property levied upon by virtue of any writ of execu- 
tion, sequestration, or attachment when the property levied on shall be 
equal to or exceed in value five hundred dollars; of all suits, complaints, 
or pleas whatever, without regard to any distinction between law and 
equity, when the matter in controversy shall be valued at or amount to 
five hundred dollars exclusive of interest; of contested elections; and 
said court and the judges thereof shall have power to issue writs of 
habeas corpus, mandamus, injunction, and certiorari, and all writs 
necessary to enforce their jurisdiction. The district court shall have 
appellate jurisdiction and general control in probate matters over the 
county court established in each county, for appointing guardians, grant- 
ing letters testamentary and of administration, probating wills, for set- 
tling the accounts of executors, administrators, and guardians, and for 
the transaction of all business appertaining to estates; and 4 original 
jurisdiction and general control over executors, administrators, guard- 
ians, and minors, under such regulations as may be prescribed by law. 
The district court shall have appellate jurisdiction and general super- 
visory control over the county commissioners' court, with such excep- 
tions and under such regulations as may be prescribed by law ; and shall 
have general original jurisdiction over all causes of action whatever for 
which a remedy or jurisdiction is not provided b}' law or this constitu- 
tion, and such other jurisdiction, original and appellate, as may be pro- 
vided by law.— Tex. (1875), Art. 5 (Amdt.). 

Sec. 7. The district court shall have original jurisdiction in all mat- 
ters civil and criminal, not excepted in this constitution, and not pro- 
hibited by law; appellate jurisdiction from all inferior courts and tri- 
bunals, and a supervisory control of the same. The district courts or 
any judge thereof, shall have power to issue writs of habeas corpus, 
mandamus, injunction, quo warranto, certiorari, prohibition and other 
writs necessary to carry into effect their orders, judgments and decrees, 
and to give them a general control over inferior courts and tribunals 
within their respective jurisdictions. — Utah (1806), Art. 8. 

Sec. (J. The superior court shall have original jurisdiction in all cases 
in equity, and in all cases of law which involve the title or possession 
of real property, or the legality of any tax, impost, assessment, toll, or 
municipal fine, and in all other cases in which the demand, or the value 
of the property in controversy amounts to one hundred dollars, and in 



121 

all criminal cases amounting to a felony, and in all cases of misde- 
meanor not otherwise provided for by law; of actions of forcible entry 
and detainer; of proceedings in insolvency; of actions to prevent or 
abate a nuisance; of all matters of probate, of divorce, and for annul- 
ment of marriage; and for such special cases and proceedings as are 
not otherwise provided for. The superior court shall also have original 
jurisdiction in all cases and of all proceedings in which jurisdiction shall 
not have been by law vested exclusively in some other court; and said 
court shall have the power of naturalization, and to issue papers there- 
for. They shall have such appellate jurisdiction in cases arising in jus- 
tice's and other inferior courts in their respective counties as may be 
prescribed by law. They shall be always open except on non-judicial 
days, and their process shall extend to all parts of the state. Said 
courts and their judges shall have power to issue writs of mandamus, 
quo warranto, review, certiorari, prohibition, and writs of habeas corpus, 
on petition by or on behalf of any person in actual custody in their re- 
spective counties. Injunctions and writs of prohibition and of habeas 
corpus may be issued and served on legal holidays and non-judicial 
days.— TT7/k. (1889) , Art. 4. 

Sec. 12. The circuit court shall have the supervision and control of 
all proceedings before justices and other inferior tribunals, by man- 
damus, prohibition and certiorari. They shall, except in cases confined 
exclusively by this constitution to some other tribunal, have original 
and general jurisdiction of all matters at law where the amount in con- 
troversy, exclusive of interest, exceeds fifty dollars ; of all cases of 
habeas corpus, mandamus, quo warranto and prohibition; and of all 
cases in equity, and of all crimes and misdemeanors. They shall have 
appellate jurisdiction in all cases, civil and criminal, where an appeal, 
writ of error or supersedeas may be allowed to the judgment or pro- 
ceedings of any inferior tribunal. They shall also have such other juris- 
diction, whether supervisory, original, appellate or concurrent, as is or 
may be prescribed by law. — W. Va. (1872), Art. 8. 

Sec. 8. The circuit courts shall have original jurisdiction in all mat- 
ters civil and criminal within this state, not excepted in this constitu- 
tion, and not hereafter prohibited by law; and appellate jurisdiction 
from all inferior courts and tribunals, and a supervisory control over 
the same. They shall also have the power to issue writs of habeas corpus, 
mandamus, injunction, quo warranto, certiorari, and all other writs 
necessary to carry into effect their orders, judgments and decrees, and 
give them a general control over inferior courts and jurisdictions. — 
Wis. (1848), Art. 7. 

Sec. 10. The district court shall have original jurisdiction of all 
causes at law and in equity and in all criminal cases, of all matters of 
probate and insolvency and of such special cases and proceedings as are 
not otherwise provided for. The district court shall also have original 
jurisdiction in all cases and of all proceedings in which jurisdiction 
shall not have been by law vested exclusively in some other court; and 
said court shall have the power of naturalization and to issue papers 
therefor. They shall have such appellate jurisdiction in cases arising 
16— Jud. Dept. 



122 

in justices' and other inferior courts in their respective counties as may 
be prescribed by law. Said courts and their judges shall have power 
to issue writs of mandamus, quo warranto, review, certiorari, prohi- 
bition, injunction and writs of habeas corpus, on petition by or on be- 
half of any person in actual custody in their respective districts. — Wyo. 
(1889), Art. 5. 



PUNISHMENT OF CONTEMPTS. 

Sec. 26. The general assembly shall have power to regulate by law 
the punishment of contempts not committed in the presence or hearing 
of the courts, or in disobedience of process. — Ark. (1874), Art. 7. 

Sec. 1. Par. 20. The power of the courts to punish for contempts 
shall be limited by legislative acts. — Ga. (1877), Art. 1. 

Art. 177. The pow T er of the courts to punish for contempt shall be 
limited by law.— La. (1898), Art. 177. 

Sec. 25. The legislature shall pass laws denning contempts and regu- 
lating the proceedings and punishment in matters of contempt : Pro- 
vided, That any person accused of violating or disobeying, when not in 
the presence or hearing of the court, or judge sitting as such, any order 
of injunction, or estaint, made or entered by any court or judge of the 
state shall, before penalty or punishment is imposed, be entitled to a 
trial by jury as to the guilt or innocence of the accused. In no case shall 
a penalty or punishment be imposed for contempt, until an opportunity 
to be heard is given. — Okla. (1907), Art. 2. 



ELIGIBILITY AND QUALIFICATIONS OF JUDGES. 

Sec. 154. Chancellors and judges of all courts of record shall have 
been citizens of the United States, and of this state for five years next 
preceding their election or appointment, and shall not be less than 
twenty -five years of age, and, except judges of probate, shall be learned 
in the law.— Ala. (1901), Art. <>. 

Sec. 3. No person shall ever be appointed or elected as a justice of the 
supreme court, or judge of a circuit court, or criminal court, that is not 
twenty-five years of age and an attorney at law. — Fla. (1885), Art. 5. 

See. (>. A judge of the supreme court shall be at least thirty years 
of age, of good moral character, and learned in the law; a citizen of 
the United States and two years a resident of the state, and who has 
been a practicing lawyer eight years, or whose service upon the bench 
of any court of record, when added to the time he may have practiced 
law, shall be equal to eight years. The judges of the supreme court 
shall be elected by the qualified electors of the state and shall hold their 
offices during the term of eighl years from the date of their commis- 
sions; but at the first meeting of the court after the first election under 



L23 

this constitution the judges shall by lot divide themselves into three 
clnsses, one of which shall hold his office for four, one for six and the 
other for eight years, after which each judge shall be elected for a 
full term of eight years. A record shall be made in the court of this 
classification.— Ark. (1874), Art. 7. 

Sec. 16. A judge of the circuit court shall be a citizen of the United 
States, at least twenty-eight years of age, of good moral character, 
learned in the law, two years a resident of the state, and shall have 
practiced law six years, or whose service upon the bench of any court 
of record, when added to the time he may have practiced law, shall be 
equal to six years. — Ark. (1874), Art. 7. 

Sec. 23. No one shall be eligible to the office of justice of the su- 
preme court, or to the office of judge of a superior court, unless he 
shall have been admitted to practice before the supreme court of the 
state.— Cal (1880), Art. 6. 

Sec. 10. Xo person shall be eligible to the office of judge of the su- 
preme court unless he be learned in the law, be at least thirty years of 
age, and a citizen of the United States, nor unless he shall have resided 
in this state or territory at least two years next preceding his election. 
—Colo. (1876), Art. 6.' 

Sec. 16. Xo person shall be eligible to the office of district judge un- 
less he be learned in the law, be at least thirty years old, and a citizen 
of the United States, nor unless he shall have resided in the state 
or territory at least two years next preceding his election, nor unless 
he shall, at the time of his election, be an elector within the judicial 
district for which he is elected : Provided, That at the first election 
any person of the requisite age and learning, and who is an elector of 
the territory of Colorado, under the laws thereof, at the time of the 
adoption of this constitution, shall be eligible to the office of judge of 
the district court of the judicial district within which he is an elector. 
—Colo. (1876), Art. 6. 

Sec. 14. Par. 1. No person shall be judge of the supreme or supe- 
rior courts, or attorney general, unless, at the time of his election, he 
shall have attained the age of thirty years, and shall have been a citizen 
of the state three years, and have practiced law for seven years; and 
no person shall be hereafter elected solicitor general, unless, at the 
time of his election, he shall have attained twenty-five years of age, 
shall have been a citizen of the state for three years, and shall have 
practiced law for three years next preceding his election. — Ga. (1877), 
Art. 6. 

Sec. 23. Xo person shall be eligible to the office of district judge 
unless he be learned in the law, thirty-six years of age, and a citizen 
of the United States, and shall have resided in the state or territory 
at least two years next preceding his election, nor unless he shall have 
been at the time of his election, an elector in the judicial district for 
which he is elected. — Idaho (1889), Art. 5. 



124 

Sec. 3. No person shall bo eligible to the office of judge of the su- 
preme court unless he shall be at least thirty years of age, and a citi- 
zen of the United States, nor unless he shall have resided in this state 
five years next preceding his election, and be a resident of the district 
in which he shall be elected.— III. (1870), Art. G. 

Sec. 17. No person shall be eligible to the office of judge of the 
circuit or any inferior court, or to membership in the "board of county 
commissioners," unless he shall be at least twenty-five years of age and 
a citizen of the United States, nor unless he shall have resided in this 
state five years next preceding his election, and be a resident of the 
circuit, county, city, cities, or incorporated town in which he shall be 
elected.— III. '(1870), Art. 6. 

Sec. 114. Xo person shall be eligible to election as a judge of the 
court of appeals who is not a citizen of Kentucky and has not resided 
in this state five years and in the district in which he is elected two 
years next preceding his election, and who is less than thirty -five years 
of age, and has not been a practicing lawyer eight years, or whose 
services upon the bench of a circuit court or court of similar jurisdiction, 
when added to the time he may have practiced law, shall not be equal 
to eight years.— Ky. (1891), Sec. 114. 



Sec. 130. Xo person shall eligible as judge of the circuit court 
who is less than thirty-five years of age when elected, who is not a 
citizen of Kentucky, and a resident of the district in which he may be 
a candidate two years next preceding his election, and who has not been 
a practicing lawyer eight years. — Ky. (1891), Sec. 130. 

Art. L13. Wherever in tins constitution the qualification of any jus- 
tice or judge shall be the previous practice of the law for a term of 
years, there shall be included in such term the time such justice or 
judge shall have occupied the bench of any court of record in this state: 
Provided, He shall have been a licensed attorney for five years before 
his election or appointment. — La. (1898), Art. 113. 

Sec. 2. The judges of all of the said courts shall be citizens of the 
state of Maryland, and qualified voters under this constitution and 
shall have resided therein not less than five years, and not less than 
six months next preceding their election or appointment in the judicial 
circuit, as the case may be. For which they may be respectively elected 
or appointed. They shall be not less than thirty years of age at the 
time of their election or appointment, and shall be selected from those 1 
who have been admitted to practice law in this state, and who are most 
distinguished for integrity, wisdom and sound legal knowledge. — Md. 
I L867), Art. 1. 

« 

Sec L50. No person shall be eligible to the office of judge of the su- 
preme court who shall not have attained the age of thirty years at the 
time of his appointment, and who shall not have been a practicing 
attorney and a citizen of the state for five years immediately preced- 
ing such appointment.- Miss. (1890), Art. 6. 



125 

Sec. 154. No person shall be eligible to the office of judge of the 
circuit court or of the chancery court who shall not have been a practic- 
ing lawyer for five years, and who shall not have attained the age of 
twenty-six years, and who shall not have been five years a citizen of 
this state.— Miss. (1890), Art. 0. 

Sec. 6. The judges of the supreme court shall be citizens of the United 
States, not less than thirty years old, and shall have been citizens of this 
state for five years next preceding their election or appointment, and 
shall be learned in the law.— Mo. (1875), Art. 6. 

Sec. 26. No person shall be eligible to the office of judge of the 
circuit court who shall not have attained the age of thirty years, been 
a citizen of the United States five years, a qualified voter of this state 
for three years, and who shall not be a resident of the circuit in which 
he may be elected or appointed. — Mo. (1875), Art. 6. 

Sec. 10. No person shall be eligible to the office of justice of the 
supreme court, unless he shall have been admitted to practice law in the 
supreme court of the territory or state of Montana, be at least thirty 
years of age, and a citizen of the United States, nor unless he shall 
have resided in said territory or state at least two years next pre- 
ceding his election. — Mont. (1889), Art. 8. 

Sec. 16. No person shall be eligible to the office of judge of the dis- 
trict court unless he be at least twenty-five years of age and a citizen 
of the United States, and shall have been admitted to practice law 
in the supreme court of the territory or state of Montana, nor unless 
he shall have resided in this state or territory at least one year next 
preceding his election. He need not be a resident of the district for 
which he is elected at the time of his election, but after his election 
he shall reside in the district for which he is elected during his term 
of office.— Mont. (1889), Art. 8. 

Sec. 33. All officers provided for in this article, excepting justices 
of the supreme court, who shall reside within the state, shall respectively 
reside during their term of office in the district, county, township, pre- 
cinct, citv or town for which they may be elected or appointed. — Mont. 
(1889), Art. 8. 

Sec. 7. No person shall be eligible to the office of judge of the su- 
preme court unless he shall be at least thirty years of age, and a citizen 
of the United States; nor unless he shall have resided in this state at 
least three years next preceding his election. — A 7 e&. (1875), Art. 6. 

Art. 77. No person shall hold the office of judge of any court, or 
judge of probate, or sheriff of any county, after he has attained the age 
of seventy years. — N. H., Part 2. 

Sec. 3. No judge or justice shall sit in the appellate division or in 
the court of appeals in review of a decision made by him or by any court 
of which he was at the time a sitting member. The testimony in equity 



126 

cases shall be taken in like manner as in cases at law; and, except as 
herein otherwise provided, the legislature shall have the same power to 
alter and regulate the jurisdiction and proceedings in law and in equity 
that it has heretofore exercised. — N. Y. (181)4 ), Art. 6. 

Sec. 12. The judges and justices hereinbefore mentioned shall receive 
for their services a compensation established by law, which shall not 
be increased or diminished during their official terms, except as provided 
in sect ion five of this article. No person shall hold the office of judge 
or justice of any court longer than until and including the last day of 
December next after he shall be seventy years of age. No judge or 
justice elected alter the first day of January, one thousand eight hundred 
and ninety-four, shall be entitled to receive any compensation after the 
last day of December next after he shall be seventy years of age; but 
the compensation of every judge of the court of appeals or justice of the 
supreme court elected prior to the first day of January, one thousand 
eight hundred and ninety-four, whose term of office has been, or whose 
present term of office shall be, so abridged, and who shall have served 
as such judge or justice ten years or more, shall be continued during 
the remainder of the term for which he was elected; but any such judge 
or justice may, with his consent, be assigned by the governor, from time 
to time, to any duty in the supreme court while his compensation is 
so continued. — N. Y. (1894), Art. 6. 

Sec. 94. No person shall be eligible to the office of judge of the su- 
preme court unless he be learned in the law, be at least thirty years of 
age and a citizen of the United States, nor unless he shall have resided 
in this state or the territory of Dakota three years next preceding his 
election.— N. Dak. (1889), Art. 4. 

Sec. 107. No person shall be eligible to the office of district judge. 
unless he be learned in the law, be at least twenty-five years of age, and 
a citizen of the United States, nor unless he shall have resided within 
the state or territory of Dakota at least two years next preceding his 
election, nor unless he shall at the time of his election be an elector 
within the judicial district for which he is elected. — N. Dak. (1889), 
Art. 4. 

Sec. 1!). The judges of the supreme court, during their continuance 
in office, shall reside within this commonwealth, and the other judges 
during their continuance in office shall reside within the districts for 
which they shall be respectively elected. — Pa. (1873), Art. 5. 

Sec. L0. No person shall be eligible to the office of chief justice, asso- 
ciate justice or judge of the circuit court who is not at the time of his 
election a citizen of the United States and of this state, and has not 
attained the age of twenty-six years, has not been a licensed attorney 
at law for at leasi live years, and been a resident of this state for five 
years next preceding his election. — s. C. (1895), Art. 5. 

Sec. tO. No person shall be eligible to the office of judge of the su- 
preme court unless he be Learned in the law, be at least thirty years of 



127 

age, a citizen of the United States, nor unless he shall have resided in 
this state or territory at least two years next preceding his election and 
at the time of his election be a resident of the district from which he is 
elected; but for the purpose of re-election, no such judge shall be deemed 
to have lost his residence in the district by reason of his removal to the 
seat of government in the discharge of his official duties. — 8. D. (1889), 
Art 5. 

Sec. 25. No person shall be eligible to the office of judge of the circuit 
or county courts, unless he be learned in the law, be at least twenty-five 
years of age, and a citizen of the United States ; nor unless he shall have 
resided in this state or territory at least one year next preceding his 
election, and at the time of his election be a resident of the county or 
circuit as the case may be, for which he is elected. — S. D. (1889), Art. 5. 

Sec. 3. The judges of the supreme court shall be elected by the quali- 
fied voters of the state. The legislature shall have power to prescribe 
such rules as may be necessary to carry out the provisions of section 2 
of this article. Every judge of the supreme court shall be thirty-five 
years of age, and shall, before his election, have been a resident of the 
state for five years. His term of service shall be eight years. — Term. 
(1870), Art. 6. 

Sec. 3. Every judge of the supreme court shall be at least thirty years 
of age, and, before his election, shall be a member of the bar, learned in 
the law, and a resident of the territory or state of Utah for five years 
next preceding his election. — Utah (1896), Art. 8. 

Sec. 17. No person shall be eligible to the office of judge of the su- 
preme court or judge of a superior court unless he shall have been 
admitted to practice in the courts of record of this state or of territory 
of Washington.— Wash. (1889), Art. 4. 

Sec. 8. No person shall be eligible to the office of justice of the su- 
preme court unless he be learned in the law, have been in actual practice 
at least nine (9) years, or whose service on the bench of any court of 
record, when added to the time he may have practiced law, shall be equal 
to nine (9) years, be at least thirty years of age and a citizen of the 
United States, nor unless he shall have resided in this state or territory 
at least three years. — Wyo. (1889), Art. 5. 

Sec. 12. No person shall be eligible to the office of judge of the dis- 
trict court unless he be learned in the law, be at least twenty-eight years 
of age, and a citizen of the United States, nor unless he shall have re- 
sided in the state or territory of Wyoming at least two years next pre- 
ceding his election. — Wyo. (1889), Art. 5. 



JUDGE DISQUALIFIED BY INTEREST. 

Sec. 20. No judge or justice shall preside in the trial of any cause in 
the event of which he may be interested, or w T here either of the parties 



128 

shall be connected with him by consanguinity or affinity, within such de- 
gree as may be prescribed by law; or in which he may have been of 
counsel or have presided in any inferior court. — Ark. (1874), Art. 7. 

Sec. 2. Par. •*'>. No judge of any court shall preside in any case where 
the validity of any bond — federal, state, corporation or municipal — is 
involved, who holds in his own right, or as the representative of others, 
any material interests in the class of bonds upon which the question to 
be decided arises. — Ga. (1877), Art. 6. 

Sec. 7. No judge shall sit in any case wherein he may be interested, 
or where either of the parties may be connected with him by affinity or 
consanguinity within such degrees as now are or may hereafter be pre- 
scribed by laAV, or where he shall have been of counsel in the case. — Md. 
(1867), Art. 4. 

Sec. 165. No judge of any court shall preside on the trial of any cause 
where the parties or either of them shall be connected with him by 
affinity or consanguinity, or where he may be interested in the same, 
except by the consent of the judge and of the parties. Whenever any 
judge of the supreme court or the judge or chancellor of any district in 
this state, shall, for any reason, be unable or disqualified to preside at 
any term of court, or in any case where the attorneys engaged therein 
shall not agree upon a member of the bar to preside in his place, the 
governor may commission another, or others, of law knowledge to pre- 
side at such term or during such disability or disqualification in the 
place of the judge or judges so disqualified. Where either party shall 
desire, the supreme court, for the trial of any cause, shall be composed 
of three judges. No judgment or decree shall be affirmed by disagree- 
ment of two judges constituting a quorum. — Miss. (1890), Art. 6. 

Sec. 100. In case a judge of the supreme court shall be in any w r ay 
interested in a cause brought before said court, the remaining judges 
of said court shall call one of the district judges to sit with them on the 
hearing of said cause. — N. Dak. (1889), Art. 4, Sec. 100. 

Sec. 13. Except by consent of all the parties, no judge of the supreme 
or inferior courts shall preside in the trial of any cause where either 
of the parties shall be connected with him by affinity or consanguinity 
within the degree of first cousin, or in which he may have been of 
counsel, or in the trial of which he may have presided in any inferior 
court.— Utah (1896), Art. 8. 



COMPENSATION OF JUDGES; INELIGIBILITY TO OTHER OFFICE. 

(81) Sec. 9. Each of the judges of the circuit courts shull receive 
a salary, payable quarterly. They shall be ineligible to any other than a 
judicial office d/uring the term for which they arc elected, and for one 
year thereafter. All votes for any person elected such judge for any 
of/ice other than judicial, given either by the legislature or the people, 
shall be void.— Mich. (1850), Art. 6. 



129 

See. 150. The justices of the supreme court, chancellors and the 
judges of the circuit courts, and other courts of record, except probate 
courts, shall, at stated times, receive for their services a compensation 
which shall not be diminished during their official terms; they shall re- 
ceive no fees or perquisites, nor hold any office, except judicial offices, 
of profit or trust under this state or the United States, or any other 
government during the time for which they have been elected or ap- 
pointed.— A la. (1901), Art. 6. 

Sec. 10. The supreme judges shall at stated times receive a compensa- 
tion for their services to be ascertained by law, which shall not be, after 
the adjournment of the next general assembly, diminished during the 
time for which they shall have been elected. They shall not be allowed 
any fees or perquisites of office, nor hold anv other office, nor hold any 
office of trust or profit under the state or the United States. — Arlc. 
(1874), Art. 7. 

Sec. 18. The judges of the circuit courts shall at stated times receive 
a compensation for their services, to be ascertained by law, which shall 
not, after the adjournment of the first session of the general assembly, 
be diminished during the time for which they are elected. They shall 
not be allowed any fees or perquisites of office, nor hold any other office 
of trust or profit under this state or the United States. — Arlc. (1874), 
Art. 7. 

Sec. 24. No judge of a superior court, nor of the supreme court shall, 
after the first day of July, one thousand eight hundred and eighty, be 
allowed to draw or receive any monthly salary, unless he shall take and 
subscribe an affidavit before an officer entitled to administer oaths, that 
no cause in his court remains undecided that has been submitted for 
decision for the period of ninety days. — Cal. (1880), Art. 6. 

Sec. 18. The judges of the supreme and district courts shall each 
receive such salary as may be provided by law, and no such judge shall 
receive any other compensation, perquisite, or emolument for or on ac- 
count of his office, in anv form whatever, nor act as attorney or coun- 
sellor at law.— Colo. (1876), Art, 6. 

Sec. 18. The justices of the supreme court and judges of the superior 
courts shall be ineligible to any other office or public employment, than 
a judicial office or employment, during the term for which thev shall 
have been elected.— CM. (1880), Art. 6. 

Sec. 7. No justice of the supreme court shall be eligible to any other 
office of trust or profit under the laws of this state during the term for 
which he was elected. — Idaho (1889), Art. 5, Sec. 7. 

Sec. 13. The judges of the supreme court and circuit courts shall, at 
stated times, receive a compensation, which shall not be diminished dur- 
ing their continuance in office. — Ind, (1851), Art. 7. 

Sec. 16. No person elected to any judicial office shall, during the 
17— Jud. Dept. 



130 

term for which he shall have been elected, be eligible to any office of trust 
or profit under the state, other than a judicial office. — Ind. (1851), 
Art. 7. 

Sec. L33. The judges of the circuit court shall, at stated times, receive 
for i heir services an adequate compensation to be fixed by law. which 
shall be equal and uniform throughout the state, so far as the same shall 
be paid out of the state treasury. — Ky. (1891), See. 133. 

Art. 111. No judge of any court of the state shall be affected in his 
term of office, salary, or jurisdiction as to territory or amount, during 
the term or period for which he Avas elected or appointed. Any legisla- 
tion so affecting any judge or court shall take effect only at the end of 
the term of office of the judge or judges, incumbents of the court, or 
courts, to which such legislation may apply at the time of its enact- 
ment. This article shall not affect the provisions of this constitution 
relative to impeachment or removal from office. — La. (1898), Art. 114. 

Sec. 2. The justices of the supreme judicial court shall, at stated 
times receive a compensation, which shall not be diminished during their 
continuance in office, but they shall receive no other fee or reward. — 
Me. (1819), Art. 6. 

Sec. 6. The justices of the supreme judicial court shall hold no office 
under the United States, nor any state, nor any other office under this 
state, except that of justice of the peace. — Me. (1819), Art. G. 

Art. 33. That the independency and uprightness of judges are es- 
sential to the impartial administration of justice, and a great security 
to the rights and liberties of the people; wherefore, the judges shall not 
be removed, except in the manner, and for the causes, provided in this 
constitution. Xo judge shall hold any other office, civil or military or 
political trust, or employment of any kind whatsoever, under the con- 
stitution or laws of this state, or of the United States, or any of them: 
or receive fees, or perquisites of any kind, for the discharge of his official 
duties.— Md. (1867), Dec. of Rights. 

Sec (i. The judges of the supreme and district courts shall be men 
learned in the law. and shall receive such compensation at stated times 
as may be prescribed by the legislature; which compensation shall not 
be diminished during their continuance in office, but they shall receive 
no other fee or reward for their services. — Minn. (1857), Art. 61 

Sec. 11. The justices of the supreme court and the district courts 
shall hold n<> office under the United States, nor any other office under 
this state. And all votes for either of them for any elective office under 
iliis constitution, except a judicial office given by the legislature or the 
people, during their continuance in office, shall be void. — Minn. (1857), 
Art. <i. 

Sec. Kid. The judges of the supreme court, of the circuit courts, and 
the chancellors shall receive for their servises a compensation to be fixed 



131 

by law, which shall not be increased or diminished during their continu- 
ance in office.— Miss. (1890), Art. 6. 

Sec. :>:!. The judges of the supreme, appellate and circuits courts, 
and of all other courts of record receiving a salary, shall, at stated times, 
receive such compensation for their services as is or may be prescribed 
by law; but it shall not be increased or diminished during the period 
for which they were elected.— Mo. (1875), Art. 6. 

Sec. 35. No justice of the supreme court or district judge shall hold 
any other public office while he remains in the office to which he has 
been elected or appointed. — Mont. (1889), Art. 8. 

Sec, 11. The justices of the supreme court and the district judges 
shall be ineligible to any office, other than a judicial office, during the 
term for which they shall have been elected; and all elections or ap- 
pointments of any such judges by the people, legislature or otherwise, 
during said period, to any office other than judicial, shall be void. — Nev. 
(1864), Art. 6. 

Sec. 15.' The justices of the supreme court and district judges shall 
each receive quarterly for their services a compensation to be fixed by 
law, and which shall not be increased or diminished during the term 
for which they shall have been elected, unless in case a vacancy occurs, 
in which case the successor of the former incumbent shall receive only 
such salary as may be provided by law at the time of his election or 
appointment ; and provision shall be made by law for setting apart from 
each 3'ear's revenue a sufficient amount of money to pay such compensa- 
tion : Provided. That district judges shall be paid out of the county 
treasuries of the counties composing their respective districts. — Nev. 
(1864), Art. 6. 

Art. 58. Permanent and honorable salaries shall be established by law T 
for the justices of the superior court. — N. H., Part 2, Art. 58. 

Sec. 10. The judges of the court of appeals and the justices of the su- 
preme court shall not hold any other office or public trust. All votes for 
any of them, for any other than a judicial office, given by the legislature 
or the people, shall be void. — N.Y. (1894), Art. 6. 

Sec. 99. The judges of the supreme and district courts shall receive 
such compensation for their services as may be prescribed by law, which 
compensation shall not be increased or diminished during the term 
for which a judge shall have been elected. — X. Dak. (1889), Art. 4. 

Sec. 119. No judge of the supreme or district courts shall be elected 
or appointed to any other than judicial offices or be eligible thereto 
during the term for which he was elected or appointed such judge. 
All votes or appointments for either of them for any elective or ap- 
pointive office except that of judge of the supreme court or district 
court, given by the legislative assemblv or the people, shall be void. — 
X. Dak. (1889), Art. 4. 



132 

Sec. L4. The judges of the supreme court, and of the court of com- 
mon pleas, shall, at stated times, receive, for their services, such com- 
pensation as may be provided by law, which shall not be diminished, 
or increased, during their term of office; but they shall receive no fees 
or perquisites, nor hold any other office of profit or trust, under the 
authority of this state, or the United States. All votes for either of 
them, for any elective office, except a judicial office, under the author- 
ity of this state, s>iven bv the general assembly or the people, shall 
be void.— Ohio (1851), Art. 4. 

Sec. 18. The judges of the supreme court and the judges of the 
several courts of common pleas, and all other judges required to be 
learned in the law shall, at stated times, receive for their services an 
adequate compensation, which shall be fixed by law and paid by the 
state. They shall receive no other compensation, fees or perquisites 
of office for their services from any source nor hold any other office 
of profit under the United States, this state or any other state. — Pa. 
(1873), Art. 5. 

Sec. G. The judges of the supreme court shall receive a compensa- 
tion for their services which shall not be diminished during their 
continuance in office. — 7?. /. (1842), Art. 10. 

Sec. 9. The justice of the supreme court and judges of the circuit 
court shall- each receive compensation for their services to be fixed by 
law, which shall not be increased or diminished during their continuance 
in office. They shall not be allowed any fees or perquisites of office, nor 
shall they hold any other office of trust or profit under this state, the 
United States, or any other power. — S. C. (1895), Art. 5. 

Sec. 30. The judges of the supreme court, circuit courts and county 
courts shall each receive such salary as may be provided by law, con- 
sistent with this constitution, and no such judge shall receive any com- 
pensation, perquisite or emoluments, for or on account of his office in 
any form whatever, except such salary: Provided, That county judges 
may accept ami receive such fees as may be allowed under the land 
laws of the United States.— &. D. (1889*), Art. 5. 

Sec. 35. No judge of the supreme or circuit courts shall be elected 
to any other than a judicial office, or be eligible thereto, during the 
term Tor which he was elected such judge. All votes for either of 
I hem <lnring such term for any elective office, except that of judge of 
the supreme court, circuit court or county court, given by the legis- 
lature or the people shall he void. — 8. D. (1889), Art. 5. 

Sec. 7. The judges of the supreme or inferior courts shall, at stated 
limes, receive a compensation for their services, to be ascertained by 
law, which shall not he increased or diminished during the time for 
which they are elected. They shall not he allowed any fees or per- 
quisites of office, nor hold any office 4 of trust or profit under this state 
or the United States.— Term. (1870), Art. (>. 



133 



See. 12. The judges of the supreme and district courts shall receive 
at stated times compensation for their services, which shall not be in- 
creased or diminished during the time for which thev are elected. — Utah 
(1896), AH. 8. 

Sec. 15. The judges of the supreme court and the judges of the su- 
perior court shall be ineligible to any other office or public employment 
than a judicial office or employment during the term for which they shall 
have been elected.— Wash. (1889), Art. 4. 

Sec. 17. The judges of the supreme and district courts shall receive 
such compensation for their services as may be prescribed by law, which 
compensation shall not be increased or diminished during the term for 
which a judge shall have been elected, and the salary of a judge of the 
supreme or district court shall be as may be prescribed bv law. — Wyo. 
(1889), Art. 5, 

Sec. 27. No judge of the supreme or district court shall be elected or 
appointed to any other than judicial offices or be eligible thereto during 
the term for which he was elected or appointed such judge. — Wyo. 
(1889), Art. 5. 



JUDICIAL OFFICER NOT TO RECEIVE FEES. 

Sec. 15. Xo judicial officer, except justices of the peace and court 
commissioners, shall receive to his own use any fees or perquisites of 
office.— Co J. (1880), Art. 6. 

Sec. 10. Xo judicial officer, except justices of the peace and city re- 
corders, shall receive to his own use any fees or perquisites of office. — 
Nev. (1864), Art. 6. 

Sec. 13. Xo judicial officer, except court commissioners and unsal- 
aried justices of the peace, shall receive to his own use any fees or per- 
quisites of office. The judges of the supreme court and judges of the 
superior courts shall, severally, at stated times during their continu- 
ance in office, receive for their services the salaries prescribed by law 
therefor, which shall not be increased after their election, nor during 
the term for which they shall have been elected. The salaries of the 
judges of the supreme court shall be paid by the state. One-half of the 
salary of each of the superior court judges shall be paid by the state, 
and the other one-half by the county or counties for which he is elected. 
In cases where a judge is provided for more than one county, that por- 
tion of his salary which is to be paid by the counties shall be appor- 
tioned between or among them according to the assessed value of their 
taxable property, to be determined by the assessment next preceding the 
time for which such salary is to be paid. — Wash. (1889), Art. 4. 



134 

Sec. 102. No judge of any court of record in this slate shall practice 
law in any of the courts of this state, or of the United States. — Ala. 
(1901 ). Art. 6. 

Sec. 25. The judges of the supreme, circuit or chancery courts shall 
not, during their continuance in office, practice law or appear as counsel 

in any court, state or federal, within this state. — Ark. (1874), Art. 7. 

Sec. 22. No judge of a court of record shall practice law in any court 
of this state during his continuance in office. — Cat. (1880), Art. 6. 

Sec. 31. No justice or clerk of the supreme court, nor judge or clerk 
of any district court shall act or practice as an attorney, or counsellor 
at law in any court of this state during his continuance in office. — Mont. 
(1889), Art. 8. 

Art. 78. No judge of any court or justice of the peace shall act as 
attorney, or be of counsel to any party, or originate any civil suit, in 
matters which shall come or be brought before, him as judge or justice 4 
of the peace.— N. H., Part 2, Art. 78. 

Art. 80. No judge or register of probate shall be of counsel, act as ad- 
vocate, or receive any fees as advocate or counsel, in any probate busi- 
ness which is pending or may be brought into any court of probate in the 
county of which he is judge or register. — N. H., Part 2, Art. SO. 

Sec. 20. No judicial officer, except justices of the peace, shall receive 
to his own use any fees or perquisites of office; nor shall any judge of 
the court of appeals, or justice of the supreme court, or any county judge 
or surrogate hereafter elected in a county having a population exceeding 
one hundred and twenty thousand, practice as an attorney or counsellor 
in any court of record in this state, or act as referee. The legislature 
may impose a similar prohibition upon county judges and surrogates in 
other counities. No one shall be eligible to the office of judge of the 
court of appeals, justice of the supreme court, or. except in the county 
of Hamilton, to the office of county judge or surrogate, who is not an 
attorney and counselor of this state. — N. Y. (1804 I. Art. 6; 

Sec. 117. No judge of the supreme or district court shall act as attor- 
ney or counsellor at law. — Y. Dak. (ISM)), Art. 1. 

Sec. 31. No judge of the supreme court or circuit court shall act as 
attorney or counsellor at law, nor shall any county judge act as an 
attorney or counsellor at law in any case which is or may be brought into 
his courl or which may be appealed I herefrom. — 8. />. (1889), Art. 5. 



Sec. L05. Xo judge of the supreme court of appeals, of the circuit 
court, or of any city courl of record shall practice law, within or with- 
out this state, DOr shall he hold any other office of public trust during 
his continuance in office; except that the judge of a corporation or 
hustings court in a city of the second class, mav hold the office of com- 



135 

missioner in chancery of the circuit court for the county in which the 
city is located.— Va. (1902), Art. 6. 

Sec. 1!). No judge of a court of record shall practice law in any court 
of this state during his continuance in office. — Wash. (1889), Art. 4. 

Sec. 25. No judge of the supreme or district court shall act as attor- 
ney or counsellor at law. — Wyo. (1889), Art. 5. 

SUPREME COURT REPORTER; WRITTEN DECISIONS; APPOINTMENTS BY JUDGES. 

(82) Sec. 10. The supreme oou)rt may appoint a reporter of its de- 
cisions. The decisions of the supreme court shall be in writing and 
signed by the judges concurring therein. Any judge dissenting there- 
from shall give the reasons of such dissent in writing under his signa- 
ture. All such opinions shall be filed in the office of the clerk of the 
supreme court. The judges of the circuit court within their respective 
jurisdictions may fill vacancies in the office of county clerk and of prose- 
cuting attorney; but no judge of the supreme court or circuit court shall 
exercise any other power of appointment to public office. — Mich. (1850), 
Art. 6. 

Sec. 21. The justices shall appoint a reporter of the decisions of the 
supreme court, who shall hold his office and be removable at their pleas- 
ure. He shall receive an annual salary not to exceed twenty-five hun- 
dred dollars, payable monthly.— Cal. (1880), Art. 6. 

Sec. 22. The attorney general shall be the legal advisor of the gov- 
ernor, and of each of the officers of the executive department, and shall 
perform such other legal duties as may be prescribed by law. He 
shall be reporter for the supreme court. — Fla. (1885), Art. 4. 

Sec. 9. The supreme court shall appoint one reporter of its decisions, 
who shall hold his office for six years, subject to removal by the court. 
—III. (1870), Art. fi. 

Sec. 5. The supreme court shall, upon the decision of every case, 
give a statement in* writing of each question arising in the record of 
such case, and the decision of the court thereon. — Ind. (1851), Art. 7. 

Sec. 4. There shall be appointed, by the justices of the supreme 
court, a reporter and clerk of said court, who shall hold their offices 
two vears, and whose duties shall be prescribed by law. — Kan. (1859), 
Art. '3. 

Art. 92. The decisions of the supreme court shall be reported under 
the direction of the court; the publication thereof shall be let out by 
contract to the lowest bidder, who need not be a citizen of the state: 
Provided, That the annual reports for the year 1898, shall be published 
in numbers, and completed under the present contract therefor, and 
the present reporter shall remain in office until February 1st, 1899. 

Concurring and dissenting opinions shall not be published. 



136 

The general assembly shall annually appropriate the sum of two 
thousand dollars, as salary of stenographers to be appointed by the 
court, and for the use of the justices thereof. — La. (1898), Art. 92. 

Sec. 9. The judge or judges of any court may appoint such officers 
for their respective courts as may be found necessary; and such offi- 
cers of the courts in the city of Baltimore shall be appointed by the 
judges of the supreme bench of Baltimore city. It shall be the duty 
of the general assembly to prescribe by law a fixed compensation for 
all such officers, and said judge or judges shall from time to time 
investigate the expenses, costs and charges of their respective courts, 
with a view to a change or reduction thereof, and report the result of 
such investigation to the general assembly for its action. — Bid. (1867), 
Art. 4. 

Sec. 16. Provision shall be made by law for publishing reports of 
all causes argued and determined in the court of appeals, which the 
judges shall designate as proper for publication. — Md. (1867), Art. 4. 

Sec. 8. There shall be appointed by the supreme court a reporter, 
who shall also act as clerk of the supreme court, and librarian of the 
law and miscellaneous library of the state, whose term of office shall 
be four years, unless sooner removed by the court, whose salary shall 
be fixed by law, not to exceed fifteen hundred dollars per annum. The 
copyright of the state reports shall forever belong to the state. — Neb. 
(1875), Art. 6. 

5. The law reporter shall be appointed by the justices of the supreme 
court, or a majority of them ; and the chancery reporter shall be ap- 
pointed bv the chancellor. Thev shall hold their offices for five vears. 
— V. J. (±844), Art. 7, Sec. 2, CI. 5. 

Sec. 93. There shall be a clerk and also a reporter of the supreme 
court, who shall be appointed by the judges thereof, and w T ho shall 
hold their offices during the pleasure of said judges, and whose duties 
and emoluments shall be prescribed by law and by rules of the su- 
preme court not inconsistent with law. The legislative assembly shall 
make provision for the publication and distribution of the decisions of 
the supreme court and for the sale of the published volumes thereof. — 
N. Dak. (1889), Art. 4. 

Sec 96. No duties shall be imposed by law upon the supreme court 
or any of the judges thereof, except such as are judicial, nor shall any 
of the judges thereof exercise any power of appointment except as 
herein provided.— #. Dak. (1889), Art. 4. 

Sec 101. When ;i judgment or decree is reversed or confirmed by the 
supreme court, every point fairly arising upon the record of the case 
shall be considered and decided, and the reasons therefor shall be 
concisely stilted in writing, signed by the judges concurring, filed in the 
office of the clerk of the supreme court and preserved with a record 



137 

of the case. Any judge dissenting therefrom may give the reasons of 
his dissent in writing over his signature. — N. Dak. (1889), Art. 4. 

Sec. 102. It shall be the duty of the court to prepare a syllabus of 
the points adjudicated in each case, which shall be concurred in by a 
majority of the judges thereof, and it shall be prefixed to the published 
reports' of the case.— N. Dak. (1889), Art. 4. 

Sec. 21. Xo duties shall be imposed by law upon the supreme court 
or any of the judges thereof except such as are judicial, nor shall any 
of the judges thereof exercise any power of appointment except as 
herein provided. The court of nisi prius is hereby abolished and no 
court of original jurisdiction to be presided over by any one or more 
of the judges of the supreme court shall be established. — Pa. (1873), 
Art. 5. 

Sec. 7. There shall be appointed by the justices of the supreme 
court a reporter and a clerk of said court, who shall hold their offices 
for four vears, and whose duties and compensation shall be prescribed 
by law.— 8. C. (1895), Art. 5. 

Sec. 8. When a judgment or decree is reversed or affirmed by the su- 
preme court, every point made and distinctly stated in the cause and 
fairly arising upon the record of the case shall be considered and decided, 
and the reason thereof shall be concisely and briefly stated in writing 
and preserved with the record of the case. — S. C. (1895), Art. 5. 

Sec. 5. An attorney general and reporter for the state shall be 
appointed by the judges of the supreme court, and shall hold his office 
for a term of eight years. An attorney for the state for any circuit or 
district for which a judge having criminal jurisdiction shall be pro- 
vided by law, shall be elected by the qualified voters of such circuit or 
district, and shall hold his office for a term of eight years, and shall have 
been a resident of the state five years, and of the circuit or district 
one year. In all cases where the attorney for any district fails or 
refuses to attend and prosecute according to law, the court shall have 
power to appoint an attorney pro tempore. — Tenn. (1870), Art. 6. 

Sec. 14. The supreme court shall appoint a clerk, and a reporter 
of its decisions, who shall hold their offices during the pleasure of 
the court. Until otherwise provided, county clerks shall be ex officio 
clerks of the district courts in and for their respective counties, and 
shall perform such other duties as may be provided by law. — Utah 
(189G), Art, 8. 

Sec. 25. When a judgment or decree is reversed, modified or affirmed 
Trv the supreme court, the reasons therefor shall be stated concisely in 
writing, signed by the judges concurring, filed in the office of the clerk 
of the supreme court, and preserved with a record of the case. Any 
judge dissenting therefrom, may give the reasons of his dissent in writ- 
ing over his signature. — Utah (1896), Art. 8. 
18— Jud. Dept. 



138 

See. 2G. It shall be the duty of the court to prepare a syllabus of 
all the points adjudicated in each case, which shall be concurred in 
by a majority of the judges thereof, and it shall be prefixed to the pub- 
lished reports of the case. — Utah (189(5), Art. 8. 

Sec. 00. When a judgment or decree is reversed or affirmed by the 
supreme court of appeals the reasons therefor shall be stated in writ- 
ing and preserved with the record of the case. — Va. (1902), Art. 6. 

See. 92. The officers of the supreme court of appeals shall be ap- 
pointed by the court or by the judges in vacation. Their duties, com- 
pensation, and tenure of office shall be prescribed by law. — Va. (1902), 
Art. 6. 

Sec. 18. The judges of the supreme court shall appoint a reporter 
for the decisions of that court, who shall be removable at their pleas- 
ure. He shall receive such annual salary as shall be prescribed by 
law.— Wash. (1889), Art. 4. 

Sec. 40. The legislature shall not confer upon any court, or judge, 
the power of appointment to office, further than the same is herein 
provided for.— W. Va. (1872), Art. 6. 

Sec. 5. When a judgment or decree is reversed or affirmed by the su- 
preme court of appeals, every point fairly arising upon the record of the 
case shall be considered and decided; and the reasons therefor shall 
be concisely stated in writing and preserved with the record of the 
case, and it shall be the duty of the court to prepare a syllabus of the 
points adjudicated in such case concurred in by three of the judges 
thereof, which shall be prefixed to the published report of the case. — 
W. Va. (1872), Art. 8. 

Sec. 16. No duties shall be imposed by law upon the supreme court 
or any of the judges thereof, except such as are judicial, nor shall 
any of the judges thereof exercise any power of appointment except 
as herein provided. — ^Yyo. (1889), Art. 5. 



TERMS OF CIRCUIT COURTS; JUDGES TO SIT IN OTHER CIRCUITS; SPECIAL 

JUDGES. 

(S3) Sec. 11. A circuit cou^t shall be held at least twice in each i/ear 
in every county organized for judicial purposes, and four times in each 
year in counties containing ten thousand inhabitants. Judges of the 
circuit court may hold courts for each other, and shall do so when re- 
quired by law. — Mich. (1S50), Art. 6. 

Sec 144. A circuit court, or a court having the jurisdiction of the 
circuit court, shall be held in each county in the state at least twice 
iu each year, and judges of the several courts mentioned in this section 
may hold court for each other when they deem it expedient, and shall 
do so when directed by law. The judges of the several courts mentioned 



.139 

in this section shall have power to issue writs of injunction, returnable 
to the court of chancery, or courts having the jurisdiction of courts of 
chancery.— Ala. (1901), Art. 6. 

Sec. 160. If in any case, civil or criminal, pending in any circuit 
court, chancery court, or in any court of general jurisdiction having any 
part of the jurisdiction of a circuit and a chancery court, or either of 
them in this state, the presiding judge or chancellor shall, for any legal 
cause, be incompetent to try, hear or render judgment in such case, 
the parties, or their attorneys of record, if it be a civil case, or 
the solicitor or prosecuting officer, and the defendant or defendants, if it 
be a criminal case, may agree upon some disinterested person practicing 
in the court and learned in the law, to act as special judge or chancellor 
to sit as a court, and to hear, decide and render judgment in the same 
manner and to the same effect as such incompetent chancellor or judge 
could have rendered but for such incompetency. If the case be a civil 
one, and the parties or their attorneys of record do not agree; or if it 
be a criminal one, and the prosecuting officer and the defendant or de- 
fendants do not agree upon a special judge or chancellor, or if either 
party in a civil cause is not represented in court, the register in chancery 
or the clerk of such circuit or other court in which said cause is pend- 
ing, shall appoint a special judge or chancellor, who shall preside, try 
and render judgment as in this section provided. The legislature may 
prescribe other methods for supplving special judges in such cases. — 
Ala. (1901), Art. 6. 

Sec. 12. The circuit courts shall hold their terms in each county at 
such times and places as are, or mav be, prescribed by law. — Ark. (1874), 
Art. 7. 

Sec. 22. The judges of the circuit courts may temporarily exchange 
circuits or hold courts for each other under such regulations as may be 
prescribed by law. — Ark. (1874), Art. 7. 

Sec. 7. In any county, or city and county, other than the city and 
county of San Francisco, in which there shall be more than one judge 
of the superior court, the judges of such court may hold as many sessions 
of said court at the same time as there are judges thereof, and shall 
apportion the business among themselves as equally as may be. — Cat. 
(1880), Art. 6. 

Sec. 8. A judge of any superior court may hold a superior court in 
any county at the request of a judge of the superior court thereof, and 
upon the request of the governor it shall be his duty so to do. But a 
cause in the superior court may be tried by a judge pro tempore, who 
must be a member of the bar, agreed upon in writing by the parties 
litigant, or their attorneys of record, approved by the court and sworn 
to try the cause.— Cal. (1880), Art. 6. 

Sec. 17. The time of holding courts within the said districts shall be 
as provided by law, but at least one term of the district court shall be 
held annually in each county, except in such counties as may be at- 



140 

tached, for judicial purposes, to another county, wherein such courts 
arc so held. This shall not be construed to prevent the holding- of special 
terms, under such regulations as may be provided by law. — Colo. (1876), 
Art. 6. 

Sec. 19. When any civil case at law in which the judge is disqualified 
shall be called for trial in a circuit or county court, the parties may 
agree upon an attorney at law. who shall be judge ad litem, and shall 
preside over the trial of and make 1 orders in said cause as if he were 
judge of the court. The parties may, however, transfer the cause to 
another circuit court or county court, as the case may be, or may have 
the case submitted to a referee. — Fla. (1885), Art. 5. 

Sec. 4. Par. 8. The superior courts shall sit in each county not less 
than twice in each vear, at such times as have been or may be appointed 
by law.— Ga. (1877), Art. G. 

Sec. 12. Every judge of the district court shall reside in the district 
for which he is elected. A judge of any district court may hold a dis- 
tricl court in any county at the request of the judge of the district court 
thereof, and upon the request of the governor it shall be his duty to do 
so; but a cause in the district court may be tried by a judge pro tempore, 
\\ ho must be a member of the bar, agreed upon in writing by the parties 
litigant, or their attornevs of record, and sworn to try the cause. — Idaho 
(1889), Art. 5. 

Sec. 14. • The general assembly shall provide for the times of holding 
court in each county; which shall not be changed, except by the general 
assembly next preceding the general election for judges of said courts; 
but additional terms may be provided for in any county. The election 
for judges of the circuit courts shall be held on the first Monday in June, 
in the year of our Lord one thousand eight hundred and seventy-three, 
and every six years thereafter. — 111. (1870), Art. G. 

Sec. 10. The general assembly may provide, by law, that the judge of 
one circuit may hold the courts of another circuit, in cases of necessity 
or convenience; and in case of temporary inability of any judge, from 
sickness or other cause, to hold the courts in his circuit, provisions may 
be made, by law, for holding such courts. — Ind. (1851), Art. 7. 

Sec. 20. Provision shall he made by law for the selection, by the bar, 
of a pro tern, judge of the district court, when the judge is absent or 
otherwise unable or disqualified to sit in any case. — Kan. 1 1859), Art. >\. 

Sec L31. There shall be at least three regular terms of circuit court 
held in each county every year. — Ey. (1891), Sec. 131. 

Art. ill'. The general assembly shall provide by law for the inter- 
change of district judges; and also for the trial of recused cases in the 
district courts by the selection of licensed attorneys at law. by an inter- 
change of judges or otherwise. Whenever any district judge is pre- 
vented bv disability, or any other cause whatever, from holding his 



141 

court, and that fact is made to appear by the certificate of the clerk, 
under the seal of the court, to the supreme court, or to any justice 
thereof, if in the judgment of the court, or any justice, the public inter- 
est so requires, the court or such justice shall designate and appoint 
any district judge of any other district to hold said court and discharge 
all the judicial duties of the judge so disabled during said disability. 
Such appointment shall be filed in the clerk's office and entered on the 
minutes of said district court, and a certified copy thereof, under the 
seal of the court, shall be transmitted by the clerk of the district court 
to the district judge so designated and appointed. — La. (1898), Art. 112. 

Art. 117. District courts shall hold continuous sessions during ten 
months of the year. In districts composed of more than one parish, the 
judge shall sit alternately in each parish, as the public business may 
require. Until otherwise provided by law, judgments shall be signed 
after three days from the rendition thereof, and become executory ten 
days from such signing. 

The general assembly shall provide for the drawing of juries for the 
trial of civil and criminal cases. A grand jury of twelve, nine of whom 
must concur to find an indictment, shall be empanelled in each parish 
twice in each year, and shall remain in office until a succeeding grand 
jury is empanelled; except in the parish of Cameron, in which at least 
one grand jury shall be empanelled each year. The district judges shall 
have authority to try at any time all misdemeanors and when the jury is 
waived all cases not necessarily punishable at hard labor, and to receive 
pleas of guilty in cases less than capital. 

The provisions of this article shall go into effect upon the adoption 
of this constitution.— La, (1898), Art. 117. 

Sec. 21. For each of the said circuits (excepting the eighth) there 
shall be a chief judge and two associate judges, to be styled judges of the 
circuit court, to be elected or appointed as herein provided. And no 
two of said associate judges shall at the time of their election, or ap- 
pointment, or during the term for which they may have been elected 
or appointed, reside in the same county. If two or more persons shall be 
candidates for associate judge in the same county, that one only in said 
county shall be declared elected who has the highest number of votes in 
the circuit. In case any two candidates for associate judge, residing in 
the same county, shall have an equal number of votes, greater than any 
other candidate for associate judge in the circuit, it shall be the duty of 
the governor to order a new election for one associate judge; but the 
person residing in any other county of the circuit, and who has the next 
highest number of votes, shall be declared elected. The said judges shall 
hold not less than two terms of the circuit court in each of the counties, 
composing their respective circuits, at such times as are now, or may 
hereafter be prescribed, to which jurors shall be summoned; and in those 
counties where only two such terms are held, two other and intermediate 
terms, to which jurors shall not be summoned; they may alter or fix 
the times for holding any or all terms, until otherwise prescribed, and 
shall adopt rules to the end that all business not requiring the inter- 
position of a jury shall be, as far as practicable, disposed of at said 
intermediate terms. One judge in each of the above circuits shall con- 



142 

stitute a quorum for the transaction of any business; and the said 
judges, or any of them, may hold special terms of their courts, whenever 
in their discretion, the business of the several counties renders such terms 
necessary. — Md. (1867), Art. 4. 

Sec. 158. A circuit court shall be held in each county at least twice 
in each year, and the judges of said courts may interchange circuits 
with each other in such manner as may be provided by law. — Miss. 

(1800), Art. 6. 

Sec. 11. If, in any cause pending in the supreme court, or the St. 
Louis court of appeals, the judges sitting shall be equally divided in 
opinion, no judgment shall be entered therein based on such division ; 
but the parties to the cause may agree upon some person, learned in the 
law, to act as special judge in the cause, who shall therein sit with the 
court, and give decision in the same manner and with the same effect 
as one of the judges. If the parties cannot^agree upon a special judge, 
the court shall appoint one. — Mo. (1875), Art. 6. 

Sec. 20. If there be a vacancy in the office of judge of any circuit, or 
if the judge be sick, absent, or from any cause unable to hold any term 
or part of term of court, in any county in his circuit, such term or part 
of term of court may be held by a judge of any other circuit; and at the 
request of the judge of any circuit, any term of court or part of term in 
his circuit may be held by the judge of any other circuit, and in all such 
cases, or in any case where the judge cannot preside, the general assem- 
bly shall make such additional provision for holding court as may be 
found necessary. — Mo. (1875), Art. 6. 

Sec. 17. The district court in each county which is a judicial dis- 
trict by itself shall be always open for the transaction of business, ex- 
cept on legal holidays and non-judicial days. In each district where 1 two 
or more counties are united, until otherwise provided by law, the judges 
of such district shall fix the term of court: Provided, That there shall 
be at least four terms a year held in each county. — Mont. (1889), Art. 8. 

Sec. 36. A civil action in the district court may be tried by a judge 
pro tempore, who must be a member of the bar of the state, agreed 
upon in writing by the parties litigant, or their attorneys of record, 
approved by the court, and sworn to try the cause; and in such case 
any order, judgment or decree, made or rendered therein by such judge 
pro tempore, shall have the same force and etl'ect as if made or ren- 
dered by the court with the regular judge presiding. — Mont. (1889), 
Art. 8. 

Sec. L2. The judges of the district courts may hold courts for each 
other and shall do so when required by law. — Neb. (1875), Art. 6. 

Sec. 7. The limes of holding the supreme court and district courts 
shall be as fixed by law. The terms of the supreme court shall be held 
a1 the seal of governmenl ; and the terms of the district courts shall be 
held a1 the county seats of their respective counties: Provided, That 



143 

in case any comity shall be hereafter divided into two or more dis- 
tricts, the legislature may by law designate the places of holding courts 
in any such districts. — Nev. (1864), Art. 6. 

Sec. 11. Every judge of the superior court shall reside in the dis- 
trict for which he is elected. The judges shall preside in the courts of 
the different districts successively, but no judge shall hold the courts 
in the same district oftener than once in four years; but in case of the 
protracted illness of the judge assigned to preside in any district, or 
of any other unavoidable accident to him, by reason of which he shall 
be unable to preside, the governor may require any judge to hold one 
or more specified terms in said district, in lieu of the judge assigned to 
hold the courts of the said district. — W. C. (1875)', Art. 4. 

Sec. 22. The superior court shall be at all times open for the trans- 
action of all business within their jurisdiction, except the trial of 
issues of fact requiring a jury. — N. C. (1875), Art. 4. 

Sec. 115. The time of holding courts in the several counties of a 
district shall be as prescribed by law, but at least two terms of 
the district court shall be held annually in each organized county, and 
the legislative assembly shall make provision for attaching unorganized 
counties or territories to organized counties for judicial purposes. — 
N. Dak. (1889), Art. 4. 

Sec. 116. Judges of the district courts may hold court in other dis- 
tricts than their own under such regulations as shall be prescribed by 
law.— X. Dale. (1889), Art. 4. 

Sec. 25. The terms of the district court shall be held at the county 
seat of the respective counties. — Okla. (1907), Art. 7. 

Sec. 8. The circuit court shall be held twice, at least in each year, in 
each county organized for judicial purposes, by one of the justices of the 
supreme court, at times to be appointed by law; and at such other times 
as may be appointed bv the judges, severally, in pursuance of law. — Ore. 
(1857), Art. 7. 

Sec. 14. Judges of the circuit courts shall interchange circuits with 
each other, and the general assembly shall provide therefor. — S. C. 
(1895), Art. 5. 

Sec. 16. The court of common pleas shall sit in each county in this 
state at least twice in every year at such stated times and places as may 
be appointed by law. — 8. 6. (1895), Art. 5. 

Sec. 27. The time of holding courts within said judicial circuits and 
counties shall be as provided by law ; but at least one term of the circuit 
court shall be held annually in each organized county, and the legislature 
shall make provision for attaching unorganized counties or territory to 
organized counties for judicial purposes. — S. D. (1889), Art. 5. 



141 

Sec. 28. Special terms of said courts may be held under such regula- 
tions :is iikiv be provided by law. — fif. D. (1889), Art. 5. 

Sec. 29. The judges of the circuit courts may hold courts in other 
circuits than their own, under such regulations as mav be prescribed by 
law.— 8. D. (1889), Art. 5. 

Sec. 11. No judge of the supreme or inferior courts shall prescribe 
on the trial of any cause in the event of which he may be interested, or 
where either of the parties shall be connected with him by affinity or 
consanguinity, within such degrees as may be prescribed by law. or in 
which he may have been of counsel, or in which he may have presided 
in any inferior court, except by consent of all the parties. In case all or 
any of the judges of the supreme court shall thus be disqualified from 
presiding on the trial of any cause or causes, the court, or the judges 
thereof, shall certify the same to the governor of the state, and he shall 
forthwith specially commission the requisite number of men, of law 
knowledge, for the trial and determination thereof. The legislature 
may, by general laws, make provision that special judges may be ap- 
pointed to hold any courts the judge of which shall be unable or fail to 
attend or sit, or to hear anv cause in which the judge may be incompe- 
tent.— Tcnn. (1870), Art. 6. 

Sec. 11. No judge shall sit in any case wherein he may be interested, 
or when either of the parties may be connected with him either by affin- 
ity of consanguinity, within such a degree as may be prescribed by law, 
or when he shall have been counsel in the case. When the supreme court, 
the court of criminal appeals, the court of civil appeals, or any member 
of either, shall be thus disqualified to hear and determine any case or 
cases in said court, the same shall be certified to the governor of the state, 
who shall immediately commission the requisite number of persons 
learned in the law, for the trial and determination of such cause or causes. 
When a judge of the district court is disqualified by any of the causes 
above slated, the parties may, by consent, appoint a proper person to try 
said case; or. upon their failing to do so. a competent person may be ap- 
pointed io try the same in the county where it is pending, in such man- 
ner as may be prescribed by law. And the district judges may exchange 
districts, or hold courts for each other when they may deem it expedient, 
and shall do so when required by law. This disqualification of judges 
of interior tribunals shall be remedied, and vacancies in their offices 
tilled, as may be prescribed by law. — Tex. (1875), Art. 5 {Amdt. 1891). 

Sec. 97. The number of terms of the circuit courts to be held for each 
county and city, shall be prescribed by law. But no separate circuit 
court shall be held Tor any city of the second class, until the city shall 
abolish its existing city court. The judge of one circuit may be required 
or authorized to hold court in anv other circuit or city. — Va. (1902), 
Art. ii. 

Sec. 7. The judge of any superior court may hold a superior court in 
au\ county at the request of the judge of the superior court thereof, 
and upon the request of the governor it shall be his duty to do so. A case 



145 

in the superior court may be tried by a judge pro tempore, who must 
be a member of the bar, agreed upon in writing by the parties litigant, 
or their attorneys of record, approved by the court, and sworn to try 
the case.— Wash. (1889), Art. 4. 

Sec. 11. A circuit court shall be held in every county in the state at 
least three times in each year, and provisions may be made by law for 
holding special terms of said court. A judge of any circuit may hold 
the courts in another circuit. — W. Va, (1872), Art. 8. 

15. The legislature shall provide by law for holding regular and spe- 
cial terms of the circuit courts, where from any cause the judge shall 
fail to attend, or, if in attendance, cannot properly preside. — W. Va. 
(1872), Art. 8. 

Sec. 11. The judges of the district courts may hold courts for each 
other and shall do so when required by law. — Wyo. (1889), Art. 5. 

Sec. 24. The time of holding courts in the several counties of a district 
shall be as prescribed by law, and the legislature shall make provisions 
for attaching unorganized counties or territory to organized counties 
for judicial purposes. — Wyo. (1889), Art. 5. 



CLERKS OF COURTS. 

(84) Sec. 12. The clerk of each county organized for judicial pur- 
poses shall he the clerk of the circuit court of such county. The su- 
preme court shall have power to appoint a clerk for such supreme court. 
—Mich, (1850), Art. 6. 

Sec. 164. The clerk of the supreme court shall be appointed by the 
judges thereof, and shall hold office for the term of six years; and the 
clerks of such inferior courts as may be established by law shall be 
selected in such manner as the legislature may provide. — Ala. (1901), 
Art. 6. 

Sec. 165. Clerks of the circuit court shall be elected by the qualified 
electors in each county for the term of six years, and may, when ap- 
pointed by the chancellor, also fill the office of register in chancery. 
Vacancies in such office of clerk shall be filled by the judge of the circuit 
court for the unexpired term. — Ala. (1901), Art. 6. 

Sec. 166. The clerk of the supreme court and registers in chancery 
may be removed from office by the justices of the supreme court, and 
by the chancellors, respectively, for cause, to be entered at length upon 
the minutes of the court. — Ala, (1901), Art. 6. 

Sec. 7. The supreme court shall appoint its clerk and reporter, who 
shall hold their offices for six years, subject to removal for good cause. — 
Ark. (1874), Art. 7. 

19— Jud. Dept, 



146 

Sec. 19. The clerks of the circuit court shall be elected by the quali- 
fied electors of the several counties, for the term of two years, and shall 
be ex-officio clerks of the county and probate courts and recorder: Pro- 
ri<l<<l. That in any county having a population exceeding fifteen thou- 
sand inhabitants, as shown by the last federal census, there shall be 
elected a county clerk, in like manner as clerk of the circuit court, who 
shall be ex-officio clerk of the probate court of said countv. — Ark. (1874), 
Art. 7. 

Sec. 14. The legislature shall provide for the election of a clerk of the 
supreme court, and shall fix by law his duties and compensation, which 
compensation shall not be increased or diminished during the term for 
which he shall have been elected. The county clerks shall be ex-officio 
clerks of the courts of record in and for their respective counties, or 
cities and counties. The legislature may also provide for the appoint- 
ment, by the several superior courts, of one or more commissioners in 
their respective counties, or cities and counties, with authority to per- 
form chamber business of the ;Uc^ges of the superior courts, to take 
depositions, and perform such otb,er business connected with the ad- 
ministration of justice as may bs^rescribed by law. — Cal. (1880), Art. 6. 

Sec. 9. There shall be a clerk of the supreme court, who shall be 
appointed by the judges thereof, and shall hold his office during the 
pleasure of said judges, and whose duties and emoluments shall be as 
prescribed bv law, and bv the rules of the supreme court. — Colo. (1876), 
Art. 6. 

Sec. 19. There shall be a clerk of the district court in each county 
wherein a term is held, who shall be appointed by the judge of the dis- 
trict, to hold his office during the pleasure of the judge. His duties and 
compensation shall be as provided bv law and regulated by the rules 
of the court.— Colo. (1876), Art. 6. 

Sec. 7. The supreme court shall appoint a clerk who shall have his 
office at the capital and shall be librarian of the supreme court library. 
—Fla. (1885), Art. 5. 

Sec. 15. The clerk of the supreme court shall be appointed by the 
court, and shall hold his office during the pleasure of the court. He 
shall receive such compensation for his services as may be provided bv 
law.— Idaho (1889), Art. 5. 

Sec. 16. A clerk of the district court for each county shall be elected 
by the qualified voters thereof at the time and in the manner prescribed 
by law for the election of members of the legislature, and shall hold his 
office for the term of lour years. — Idaho (1889), Art. 5. 

Sec. id. At the time of the election of representatives in the general 
assembly, happening next preceding the expiration of the terms of office 
of the present clerks of said court, one clerk of said court for each 
division shall be elected, whose term of office shall be six years from said 
election, but who shall not enter upon the duties of his office until the 



147 

expiration of the term of his predecessor, and every six years thereafter 
one clerk of said court for each division shall Jbe elected. — III. (1870), 
Art. G. 

Sec. 27. The present clerk of the recorder's court of the city of Chi- 
cago shall be the clerk of the criminal court of Cook county during the 
term for which he was elected. The present clerks of the superior court 
of Chicago, and the present clerk of the circuit court of Cook county, 
shall continue in office during the terms for which they were respectively 
elected ; and thereafter there shall be but one clerk of the superior court, 
to be elected by the qualified electors of said county, who shall hold his 
office for the term of four vears, and until his successor is elected and 
qualified.— III. (1870), Art. 6. 

Sec. 7. There shall be elected by the voters of the state, a clerk of the 
supreme court, who shall hold his office four years, and whose duties 
shall be prescribed by law. — Ind. (1851), Art. 7. 

Sec. 7. There shall be elected in each organized county a clerk of 
the district court, who shall hold his office two years, and whose duties 
shall be prescribed by law. — Kan. (1859), Art. 3. 

Sec. 120. The present clerk of the court of appeals shall serve until 
the expiration of the term for which he was elected, and until his suc- 
cessor is elected and qualified. At the election in the year eighteen 
hundred and ninety-seven there shall be elected by the qualified voters 
of the state a clerk of the court of appeals, who shall take his office the 
first Monday in September, eighteen hundred and ninety-eight, and who 
shall hold his office until the regular election in nineteen hundred and 
three, and until his successor shall be elected and qualified. In nine- 
teen hundred and three and thereafter, the clerk of the court of appeals 
shall be elected at the same time as the governor for the term of four 
years ; and the said clerk shall take his office on the first Monday in 
January following his election, and shall hold his office until his suc- 
cessor is elected and qualified. The clerk shall be ineligible for the 
succeeding term. — Ky. (1891), Bill of Rights. 

Sec. 122. Should a vacancy occur in the office of the clerk of the 
court of appeals, or should the clerk be under charges, the court of ap- 
peals shall have power to appoint a clerk until the vacancy be filled as 
provided in this constitution, or until the clerk be acquitted. — Ky. 
(1891), Sec. 122. 

Art. 122. There shall be a clerk of the district court in each parish, 
the parish of Orleans excepted, who shall be ex-officio clerk of the 
court of appeal. 

He shall be elected by the qualified electors of the parish every four 
years, and shall be ex-officio parish recorder of conveyances, mortgages, 
and other acts, and notary public. 

He shall receive no compensation from the state or parish for his 
services in criminal matters. 

He shall give bond and security for the faithful performance of his 



148 

duties in such amount as shall be fixed by the general assembly. — La. 
(1898), Art. 122. 

Art. 124. Clerks of district courts may appoint, with the approval 
of the district judges, deputies with such powers as shall be prescribed 
by law; and the general assembly shall have power to provide for con- 
tinuing one or more of them in office in the event of any vacancy in the 
office of clerk, until his successor shall have been appointed and dulv 
qualified.— La. (1898), Art. 124. 

Sec. 10. The clerks of the several courts created or continued by this 
constitution shall have charge and custody of the records and other 
papers; shall perform all the duties, and be allowed the fees which ap- 
pertain to the several offices, as the same now are or may hereafter be 
regulated by law. And the office and business of said clerks, in all their 
departments, shall be subject to the visitorial power of the judges of 
their respective courts, who shall exercise the same, from time to time, 
so as to insure the faithful performance of the duties of said office; 
and it shall be the duty of the judges of said courts, respectively, to make 
from time to time such rules and regulations as may be necessary and 
proper for the government of said clerks, and for the performance of the 
duties of their ofl^es, which shall have the force of law until repealed 
or modified by the general assembly. — Md. (1867), Art. 4. 

» 
Sec. 17. There shall be a clerk of the court of appeals, who shall be 
elected by the legal and qualified voters of the state, who shall hold his 
office for six years, and until his successor is duly qualified; he shall be 
subject to removal by the said court for incompetency, neglect of duly, 
misdemeanor in office, or such other cause or causes as may be prescribed 
by law ; and in case of a vacancy in the office of said clerk, the court of 
appeals shall appoint a clerk of said court, who shall hold his office 
until the election and qualification of his successor, who shall be elected 
at the next general election for members of the general assembly; and the 
person so elected shall hold his office for the term of six years from the 
time of election.— Md. (1867). Art. 4. 

Sec. 25. There shall be a clerk of the circuit court for each county, 
who shall be elected by a plurality of the qualified voters of said county. 
and shall hold his office for six years from the time of his election, and 
until his successor is elected and qualified, and be re-eligible, subject to 
be removed for wilful neglect of duty or other misdemeanor in office. 
on conviction in a court of law. In case of a vacancy in the office of 
clerk of the circuit court, the judges of said court shall have power to till 
such vacancy until the general election for delegates to the general as- 
sembly, lo be held nexl thereafter, when a successor shall be elected for 
the term of six years.— Md. i L867), Art. 4. 

Sec. 26. The said clerks shall appoint, subject to the confirmation of 
the judges of their respective courts, as many deputies under them as the 
said judges shall deem necessary i<» perform, together with themselves, 
the duties of the said office, who shall be removable by the said judges 
for Lncompentency, or neglect of duty, and whose compensation shall be 



140 

according to existing or future provisions of the general assembly. — .17 d. 
(1867), Art. 4. 

Sec. 6. It shall be the duty of the clerk of the court of appeals and of 
the commissioner of the land office, respectively, whenever a case shall 
be brought into said court or office in which the state is a party or has 
interest, immediately to notify the attorney-general thereof. — Md. { 1867 i , 
Art. 5. 

Sec. 13. There shall be elected in each county where a district court 
shall be held, one clerk of said court, whose qualifications, duties and 
compensation shall be prescribed bylaw, and whose term of office shall 
be four years. — Minn. (1857), Art. 6. 

Sec. 168. The clerk of the supreme court shall be elected as other 
state officers, for the term of four years, and the clerk of the circuit 
court and the clerk of th«e chancery court shall be selected in each county 
in the manner provided by law, and shall hold office for the term of four 
years, and the legislature shall provide by law what duties shall be 
performed during vacation by the clerks of the circuit and chancery 
courts, subject to the approval of the court. — Miss. (1890), Art. G. 

Sec. 21. Upon the adoption of this constitution, and after the close of 
the next regular terms of the supreme court at St. Louis and St. Joseph, 
as now established by law, the office of the clerk of the supreme court at 
St. Louis and St. Joseph shall be vacated, and said clerks shall transmit 
to the clerk of the supreme court at Jefferson city all the books, records, 
documents, transcripts and papers belonging to their respective offices, 
except those required by section nineteen of this article to be turned over 
to the St. Louis court of appeals; and said records, documents, tran- 
scripts and papers shall become part of the records, documents, tran- 
scripts and papers of said supreme court at Jefferson City, and said 
court shall hear and determine all the cases thus transferred as other 
cases.— Mo. (1875), Art. 6. 

Sec. 39. The St. Louis court of appeals and supreme court shall ap- 
point their own clerks. The clerks of all other courts of record shall 
be elective, for such terms and in such manner as may be directed by 
law : Provided, That the term of office of no existing clerk of any court 
of record, not abolished bv this constitution, shall be affected bv such 
law.— Mo. (1875), Art. G. 

Sec. 40. In case there be a tie or a contested election between candi- 
dates for clerk of any court of record, the same shall be determined in 
such manner as may be directed by law. — Mo. (1875), Art. 6. 

Sec. 9. There shall be a clerk of the supreme court, who shall hold his 
office for the term of six years, except that the clerk first elected shall 
hold his office only until the general election in the year one thousand 
eight hundred ninety-two, and until his successor is elected and qualified. 
He shall be elected by the electors at large of the state, and his com- 



150 

pensation shall be fixed by law. and his duties prescribed by law, and 
by the rules of the supreme court. — Mont. (1889), Art. 8. 

Sec. is. There shall be a clerk of the district court in each county. 
who shall be elected by the electors of his county. The clerk shall be 
elected a1 the same time and for the same term as the district judge. 
The duties and compensation of the said clerk shall be as provided by 
law.— Mont. (1889), Art. 8. 

Art. 81. The judges of the courts (those of probate excepted) shall 
appoint their respective clerks, to hold their office during pleasure; and 
no such clerk shall act as an attorney or be of counsel in any cause in 
the court of which he is a clerk, nor shall he draw any writ originating 
a civil action.— X. H., Part '1. Art. 81. 

4. The secretarv shall be the clerk of this court [of errors and 
appeals].— X. J. (1844), Art. (J. Sec. 2, CI. 4. 

4. The secretary of state shall be the clerk of this court [of impeach- 
ment].— X. J. (1844), Art. G, See. 3, CI. 4. 

4. The secretary of state shall be the register of the prerogative court, 
and shall perform the duties required of him bv law T in that respect. — 
X. J. 1 1S44 ) . Art. (5. Sec. 4, CI. 4. 

Sec. 19. Clerks of the several counties shall be clerks of the supreme 
court, with such powers and duties as shall be prescribed by law. The 
justices of the appellate division in each department shall have power 
to appoint and to remove a clerk, who shall keep his office at a place to be 
designated by said justices. The clerk of the court of appeals shall keep 
his office at the seat of government. The clerk of the court of appeals and 
the clerk of the appellate division shall receive compensation to be estab- 
lished by law and paid out of the public treasury. — X. Y. (1894), Art. 0. 

Sec 15. The clerk of the supreme court shall be appointed by the 
court, and shall hold his office for eight years. — N. C. (1875). Art. 4. 

Sec. 16. A clerk of the superior court for each county shall be elected 
by tin 1 qualified voters thereof, at the time and in the manner prescribed 
by law for the election of members of tin 1 general assembly. — N. C. (1875), 
Art. 4. 

Sec. 17. Clerks of the superior courts shall hold their offices for four 
years.— N. C. (1875), Art. 4. 

Sec. 29. In <;ise the office of clerk of a superior court for a county 
shall become vacant otherwise than by the expiration of the term, and in 
c;is<- of a failure by the people to elect, the judge of the superior court 
for the county shall appoint to till the vacancy until an election can be 
regularly held. — .V. C. (1875), Art. 4. 

Sec. HIS. There shall be a clerk of the district court in each organized 



151 

county in which a court Us holden who shall be elected by the qualified 
electors of the county, aud shall hold his office for the same term as other 
county officers. lie shall receive such compensation for his services as 
may be prescribed by law. — N. Dale. (1889), Art. 4. 

Sec. 1(>. There shall be elected in each county, by the electors thereof, 
one clerk of the court of common pleas, who shall hold his office for the 
term of three years, and until his successor shall be elected and qualified. 
He shall, by virtue of his office, be clerk of all other courts of record 
held therein ; but, the general assembly may provide, by law, for the 
election of a clerk, with a like term of office, for each or any other of the 
courts of record, and may authorize the judge of the probate court to 
perform the duties of clerk for his court under such regulations as may 
be directed by law.' Clerks of courts shall be removable for such cause 
and in such manner as shall be prescribed by law. — Ohio (1851), Art. 4. 

Sec. 7. There shall be elected by the qualified electors of the state at 
each election for governor, a clerk of the supreme court, who shall be 
at least twenty-five years of age and a qualified elector of the state, and 
whose term shall be the same as that of the governor, and he shall give 
bond for faithful performance of his duty as may be prescribed by law. — 
Okla. (1907), Art. 7. 

Sec. 15. A county clerk shall be elected in each county, for the term 
of two years, who shall keep all the public records, books and papers 
of the county, record conveyances, and perform the duties of clerk of the 
circuit and county courts, and such other duties as may be prescribed 
by law ; but whenever the number of voters in any county shall exceed 
twelve hundred, the legislative assembly may authorize the election of 
one person as clerk of the circuit court, one person as clerk of the county 
court, and one person recorder of conveyances. — Ore. (1857), Art. 7. 

Sec. 27. There shall be elected in each county, by the electors there- 
of, one clerk for the court of common pleas, who shall hold his office 
for the term of four years, and until his successor shall be elected and 
qualified. He shall, by virtue of his office, be clerk of all other courts of 
record held therein, but the general assembly may provide by law for 
the election of a clerk, with a like term of office, for each or any other 
of the courts of record, and may authorize the judge of the probate court 
to perform the duties of clerk for his court under such regulations as 
the general assembly may direct. Clerks of pourts shall be removable 
for such cause and in such manner as shall be prescribed by law. — 8. C. 
(1895), Art. 5. 

Sec. 12. There shall be a clerk and also a reporter of the supreme 
court, who shall be appointed by the judges thereof and who shall hold 
office during the pleasure of said judges, and whose duties and emolu- 
ments shall be prescribed by laAv, and by the rules of the supreme court 
not inconsistent with law. The legislature shall make provisions for the 
publication and distribution of the decisions of the supreme court, and 
for the sale of the published volumes thereof. No private person or 
corporation shall be allowed to secure any copyrights to such decisions, 



152 

but if any copyrights arc secured they shall mure wholly to the benefit 
of the state.— S. D. (1889), Art. 5. 

Sec 32. There shall be a clerk of the circuit court in each organized 
county, who shall also be clerk of the county court, and who shall be 
elected by the qualified electors of such county. The duties and compensa- 
tiou of said clerk shall be as provided by law and regulated bby the rules 
of the court consistent with the provisions of law. — & D. (1889), Art. 5. 

Sec. 13. Judges of the supreme court shall appoint their clerks, who 
shall hold their offices for six years. Chancellors shall appoint their 
clerks and masters, who shall hold their offices, for six years. Clerks 
of inferior courts, holden in the respective counties or districts, shall be 
elected by the qualified voters thereof, for the term of four years. Any 
clerk may be removed from office for malfeasance, incompetency, or 
neglect of duty, in such manner as may be prescribed by law. — Term. 
i L870), Art. 0.' 

Sec. 9. There shall be a clerk for the district court of each county, 
who shall be elected by the qualified voters for the state and county 
officers, and who shall hold his office for two years, subject to removal 
by information, or by indictment of a grand jury, and conviction by a 
petit jury. In case of vacancy the judge of the district court shall have 
the power to appoint a clerk who shall hold until the office can be filled 
by election. — Tex. (1875), Art. 5. 

Sec. 22. The judges of the supreme court shall appoint a clerk of that 
court, who shall be removable at their pleasure, but the legislature may 
provide for the election of the clerk of the supreme court and prescribe 
the term of his office. The clerk of the supreme court shall receive such 
compensation, by salary only, as shall be provided by law. — Wash. (1889), 
Art. 1. 

Sec. 26. The county clerk shall be, by virtue of his office, clerk of the 
superior court. — Wash. (1889), Art. 4. 

Sec. 18. The voters of each county shall elect a clerk of the circuit 
court, whose term of office shall be six years; his duties and compensation 
and the manner of removing him from office shall be prescribed by law, 
and when a vacancy shall occur in the office, the circuit court or judge 
thereof, in vacation shall fill the same by appointment until the next 
general election. In any case in respect to which the clerk shall be so 
situated as to make it improper for him to act, the said court shall 
appoint a clerk to act therein. The clerks of said courts in office when 
this article takes effect, shall remain therein for the term for which they 
were elected, unless sooner removed in the manner prescribed by law. — 
W. Va. (1872), Art. 8. 

Sec. 12. There shall he a clerk of tin 1 circuit court chosen in each 
county organized for judicial purposes by the qualified electors thereof, 
who shall hold his office for two years, subject to removal as shall be 
provided by law; in case of a vacancy the judge of the circuit court shall 



153 

have power to appoint a clerk until the vacancy shall be filled by an 
election ; the clerk thus elected or appointed shall give such security 
as the legislature may require. The supreme court shall appoint its own 
clerk ; and a clerk of the circuit court may be appointed a clerk of the 
supreme court.— Wis. (1848), Art. 7 (Amdt. 1882). 

Sec. 9. There shall be a clerk of the supreme court, who shall be ap- 
pointed by the justices of said court and shall hold his office during 
their pleasure, and whose duties and emoluments shall be as provided by 
law.— Wyo. (1889), Art. 5. 

Sec. 13. There shall be a clerk of the district court in each organ- 
ized county in which a court is holden who shall be elected, or, in case of 
vacancy, appointed in such manner and with such duties and compen- 
sation as may be prescribed by law. — Wyo. (1889), Art. 5. 



OFFICERS OF COURTS. 

Sec. 163. Registers in chancery shall be appointed by the chancellors 
of the respective divisions, and shall have been at least twelve months 
before their appointment, and shall be at the time of their appointment 
and during their continuance in office, resident citizens of the district 
for which they are appointed. They shall hold office for the term for 
which the chancellor making such appointment was elected or appointed. 
Such registers shall receive as compensation for their services only such 
fees and commissions as may be specifically prescribed by law, which fees 
shall be uniform throughout the state. — Ala. (1901), Art. 6. 



Sec. 167. A solicitor for each judicial circuit or other territorial sub- 
division prescribed by the legislature, shall be elected by the qualified 
electors of those counties in such circuit or other territorial subdivisions 
in which such solicitor prosecutes criminal cases, and such solicitor shall 
be learned in the law, and shall at the time of his election and during his 
continuance in office, reside in a county (in the circuit) in which he prose- 
cutes criminal cases, or other territorial subdivision for which he is 
elected, and his term of office shall be four years, and he shall receive no 
other compensation than a salary, to be prescribed by law, which shall 
not be increased during the term for which he was elected : Provided, 
That this article shall not operate to abridge the term of any solicitor 
now in office: And, provided, further, That the solicitors elected in the 
year nineteen hundred and four shall hold office for six years, and until 
their successors are elected and qualified: And, provided, further, That 
the legislature may provide by law for the appointment by the governor 
or the election bv the qualified electors of a county for a solicitor for any 
county.— Ala. (1901), Art. 6. 

Sec. 24. The qualified electors of each circuit shall elect a prosecuting 
attorney, wiio shall hold his office for the term of two years, and he shall 
be a citizen of the United States, learned in the law-, and a resident of 
the circuit for which he may be elected. — Ark. (1874), Art. 7. 
20— Jud. Dept. 



15-1 

Sec 21. There shall be elected by the qualified electors of each judicial 
district, at the general election in the year nineten hundred and four, 
and every four years thereafter, a district attorney for such district, 
whose term of office shall be four years, and whose duties and salary or 
compensation, either from the fees or emoluments of his office or from the 
general county fund, as shall be [as] provided by law. No person shall 
be eligible to tin 1 office of district attorney who shall not, at the time of 
liis election, be at least twenty-five years of age and possess all the 
qualifications of judges of the district courts, as provided in this article. 
The term of office of the district attorneys serving in the several dis- 
tricts, ;il the time of the adoption of this amendment, is hereby extended 
to the second Tuesday of January, in the year A. I). 11)05. — Colo. (1876), 
Art. 6. 

Sec. 15. The governor, by and with the consent of the senate, shall 
appoint a state attorney in each judicial circuit, whose duties shall be 
prescribed by law, and who shall hold office for four years. There shall 
be elected in each county a sheriff, and a clerk of the circuit court, who 
shall also be clerk of the county court, except in counties where there are 
criminal courts, and of the board of county commissioners, and recorder 
and ex officio auditor of the county, each of whom shall hold office for 
four years. Their duties shall be prescribed by law. — Fla. (1885), Art. 5. 

Sec. 11. Par. 1. There shall be a solicitor-general for each judicial 
circuit, whose official term, except when commissioned to fill an unex- 
pired term, shall be four years. — Ga. (1877), Art. 6. 

Sec. 11. There shall be elected, in each judicial circuit, by the voters 
thereof, a prosecuting attornev, who shall hold his office for two vears. — 
In (J. (1851), Art. 7. 

Sec. 07. At the general election in eighteen hundred and ninety-two 
there shall be elected in each circuit court district a commonwealth's at- 
torney, and in each county a clerk of the circuit court, who shall enter 
upon the discharge of the duties of their respective offices on the first 
Monday in January after their election, and shall hold their offices five 
years, and until their successors are elected and qualified. Tn the year 
eighteen hundred and ninety-seven, and every six years thereafter, there 
shall be an election in each county for a circuit court clerk, and for a 
commonwealth's attorney in each circuit court district, unless that office 
be abolished, who shall hold their respective offices for six years from the 
first Monday in January after their election, and until the election and 
qualification of their successors. — Ky. (1881), Sec. 07. 

Sec. OS. The compensation of the commonwealth's attorney shall be by 
salary and such percentage of tines and forfeitures as may be fixed by law. 
and such salary shall be uniform in so far as the same shall be paid out 
of the state treasury, and not to exceed the sum of five hundred dol- 
lars per annum; but any county may make additional compensation. 
to be paid by said county. Should any percentage of tines and for- 
feitures be allowed by law; it shall not be paid except upon such pro- 
portion of the tines and forfeitures as have been collected and paid 



1.,.) 

into the state treasury, and not until so collected and paid. — Ky. I L891 I, 

Nee. OS. 

Sec. 121. No person shall be eligible to the office of clerk of the court 
of appeals unless he is a citizen of Kentucky, a resident thereof for two 
years next preceding his election, of the age of twenty-one years, and 
have a certificate from a judge of the court of appeals that he has been 
examined bv him, or by the clerk of his court under his supervision, and 
that he is qualified for the office.— Ky. (1891), Sec. 121. 

Art. 100. The sheriff of the parish in which the sessions of the court 
are held shall attend in person, or by deputy, to execute the orders of the 
court.— La. (1898), Art. 106. 

Art. 125. There shall be a district attorney for each judicial district 
in the state, who shall be elected by the qualified electors of the judicial 
district at the same time and for the same term as is provided in article 
109 for district judges. He shall receive a salary of one thousand dollars 
per annum, payable monthly on his own warrant. He shall be an actual 
resident of the district and a licensed attorney in this state. 

He shall also receive fees; but no fee shall be allowed in criminal cases, 
except on conviction, which fees shall not exceed five dollars in cases 
of misdemeanor. 

Any vacancy in the office of district attorney shall be filled by appoint- 
ment by the governor for the unexpired term. — La. (1898), Art. 125. 

Art. 129. The general assembly, at its first session after this consti- 
tution is adopted, shall provide a general fee bill, or bill of costs, regu- 
lating and fixing the fees and compensation allowed sheriffs, clerks and 
recorders, justices of the peace, constables, and coroners, in all civil 
matters. The general assembly may provide in all civil cases for the 
service of process and pleadings bv the litigants themselves. — La. (1898), 
Art. 129. 

Sec. 45. The general assembly shall provide a simple and uniform sys- 
tem of charges in the offices of clerks of courts and registers of wills, in 
the counties of this state and the city of Baltimore, and for the collection 
thereof : Provided, The amount of compensation to any of the said officers 
in the various counties shall not exceed the sum of three thousand dollars 
a year, and in the city of Baltimore thirty -five hundred dollars a year, 
over and above office expenses, and compensation to assistants : And, 
Provided, further, That such compensation of clerks, registers, assistants 
and office expenses shall always be paid out of the fees or receipts of 
the offices, respectively. — Md. (186?), Art. 3. 

Sec. 11. In case of vacancy in the office of state's attorney, or of his 
removal from the county or city in which he shall have been elected, or 
on his conviction as herein specified, the said vacancy shall be filled by 
the judge of the county or city, respectively, having criminal jurisdiction, 
in which said vacancv shall occur, for the residue of the term thus made 
vacant.— Md. (1867), * Art. 5. 



156 

Sec. 174. A districl attorney for each circuit court district shall be 
selected in the manner provided by law, whose term of office shall be 
four years, whose duties shall l>c prescribed by law, and whose com- 
pensation shall be a fixed salary. — Miss. (1890), Art. <i. 

Sec. !>:!. A solicitor shall be elected for each judicial district by the 
qualified voters thereof, as is prescribed for members of ihe general as- 
sembly, who shall hold office for the term of lour years, and prosecute 

on behalf of the state, in all criminal actions in the superior courts. 
and advise the officers of justice in his district. — X. C. (1875), Art: 4. 

Sec. 17. There shall be elected by 'districts comprised of one or more 
counties, a sufficient number of prosecuting attorneys, who shall be the 
law officers of the state, and of the counties within their respective dis- 
tricts, and shall perform such duties pertaining to the administration 
of law and general police, as the legislative assembly may direct. — Ore. 
I 1857), .1/7." 7. 

Sec. 7. For Philadelphia there shall be one prothonotary's office and 
one prothonotary for all said courts, to Ik 4 appointed by the judges of 
said courts, and to hold office for three years, subject to removal by a 
majority of said judges; the said prothonotary shall appoint such assist- 
ants as may be necessary and authorized by said courts, and he and his 
assistants shall receive fixed salaries, to be determined by law and paid 
by said county: all fees collected in said office, except such as may be 
by law due to the common wealth, shall be paid by tin 1 prothonotary into 
the county treasury. Each court shall have its separate dockets, except 
the judgment docket, which shall contain the judgments and liens of 
all the said courts, as is or may be directed by law. — Pa. (1873), Art. 5. 

Sec. 29. There shall be one solicitor for each circuit, who shall reside 
therein, to be elected by the qualified electors of the circuit, who shall 
hold his office for the term of four years, and shall receive for his services 
such compensation as shall be fixed by law. In all cases when an at- 
torney for the state of any circuit fails to attend and prosecute accord- 
ing to law, the court shall have power to appoint an attorney pro tem- 
pore. In the event of the establishment of county courts the general 
assembly may provide for one solicitor for each county in the place and 
instead of the circuit solicitor, and may prescribe his powers, duties and 
compensation.— #. G. (1895), Art. 5. 

Sec. L'4. The legislature shall have power to provide for state's at- 
torneys ami to prescribe their duties, and tix their compensation; but no 
person shall he eligible to the office of attorney general or state's attor- 
ney who shall not at the time of his election be at least twenty-live 
years of age and possess all the other qualifications for judges of circuit 
courts as prescribed in this article. — n. />. (1889), Art. 5. 

Sec. IT*. No person related to any judge of any court by affinity or 
consanguinity within the degree of hist cousin, shall be appointed by 
such court or judge to. or employed by such court or judge in any office 
Or duty in any court of which such judge may he a member. — Utah 
I L896), Art. 8. 



157 

Sec. 8. The officers of the supreme court of appeals, except the re- 
porter, shall be appointed by the court, or in vacation by the judges 
thereof, with the power of removal; their duties and compensation shall 
be prescribed by law. — W. Va. (1872), Art. 8. 



PROBATE COURTS. 

(85) Sec. 13. In each of the counties organized for judicial pur- 
poses there shall he a court of probate. The judge of such court shall be 
elected by the electors of the county in which he resides, and shall hold 
his office for four years, and until his successor is elected and qualified. 
The jurisdiction, powers and duties of such courts shall be prescribed by 
laic— Mich. (1850), Art. 6. 

Sec. 149. The legislature shall have power to establish in each county 
a court of probate, with general jurisdiction of orphan's business and 
with power to grant letters testamentary and administration : Provided, 
That whenever any court having equity powers has taken jurisdiction of 
the settlement of any estate, it shall have power to do all things neces- 
sary for the settlement of such estate, including the appointment and 
removal of administration, executors, guardians and trustees, and in- 
cluding action upon the resignation of either of them. — Ala. (1901), 
Art. 6. 

Sec. 34. The judge of the county court shall be the judge of the 
court of probate, and have such exclusive original jurisdiction in mat- 
ters relative to the probate of wills, the estates of deceased persons, 
executors, administrators, guardians and persons of unsound mind and 
their estates as is now vested in the circuit court, or may be hereafter 
prescribed by law. The regular terms of the court of probate shall be 
held at the times that may hereafter be prescribed by law. — Ark. (1874), 
Art. 7. 

Sec. 35. Appeals may be taken from judgments and orders of the 
probate court to the circuit court under such regulations and restric- 
tions as may be prescribed by law. — Ark. (1874), Art. 7. 

Art. 9. The judges of probate shall be appointed by the electors resid- 
ing in the several probate districts, and qualified to vote for represen- 
tatives therein, in such manner as shall be prescribed by law. — Conn. 
(1818), Amdt. Art. 9. 

Art. 21. Judges of probate shall be elected by the electors residing in 
their respective districts on the Tuesday after the first Monday of No- 
vember, 1876, and biennially thereafter. Those persons elected judges 
of probate on the Tuesday after the first Monday of November, 1876, 
and those elected biennially thereafter, shall hold their offices for two 
years from and after the Wednesday after the first Monday of the next 
succeeding January. Those persons elected judges of probate on the 
first Monday of April, 1876, shall hold their offices only until the Wed- 



158 
nesday after the firsl Monday of January, 1S77. — <'<>un. (lSlSi. Amtlt. 

Art. 21. 

Sec. 11. The orphans' courl in each county shall consist of the chan- 
cel lot- and the resident associate judge of the county. The chancellor 
when present shall preside. One of them shall constitute a quorum. 

When their opinions are opposed, or when the decision is made by 
one of them, or when the decision is made by both of them in matters 
involving a righi to real estate or the appraised value or other value 
1 hereof, and in all matters affecting guardians or guardians' accounts, 
there shall be an appeal to the superior court for tin 1 county, which shall 
have final jurisdiction in every such case. Upon such appeal, if the as- 
sociate judge sat in the cause below, he shall not sit in the superior 
court. In all other cases the decision of the orphans' court shall be final. 

This court shall have all the jurisdiction ami powers vested by the 
laws of this state in the orphans' court. — Del. | L897), Art. 4. 

Sec. 33. The registers of wills of the several counties shall respectively 
hold the register's court in each county. Upon the litigation of a cause 
the depositions of the witnesses examined shall be taken at large in 
writing and make part of the proceedings in the cause. This court may 
issue process throughout tin 1 state. Appeals may be taken from a regis- 
ter's court to the superior court, whose decision shall be final. In cases 
where a register of wills is interested in question concerning the probate 
of wills, the granting of letters of administration or executors' or admin- 
istrators' accounts, the cognizance thereof shall belong to the orphans' 
court, with an appeal to the superior court, whose decision shall be 
final.— Del (1897), Art. 4. 

Sec. 34. An executor or administrator shall file every account with 
the register of wills for the county, who shall, as soon as convenient ly 
may be. carefully examine the particulars with the proofs thereof, in the 
presence of such executor or administrator, and shall adjust and settle 
the same according to tin 1 right of the matter and the law of the land: 
which account so settled shall remain in his office for inspection; ami 
the executor, or administrator, shall within three months after such 
set t lenient give notice in writing to all persons entitled to shares of the 
estate, or to their guardians, respectively, if residing within the state. 
that the account is lodged in the said office for inspection. 

Exceptions may be made by persons concerned to both sides of every 
such account, either denying the justice of the allowances made to the 
accountant or alleging further charges against him: and the exceptions 
shall 1k j heard in the orphans' courl for the county: and thereupon the 
account shall be adjusted and settled according to the right of the mat- 
ter and law of the land.— Del i L897), Art. 1. 

Sec. <'». Par. 1. The owners of a court of ordinary, and of probate, 
Snail be vested in an ordinary for each county, from whose decisions there 
may be an appeal (or. by consent of parties, without a decision I to the 
superior court, under regulations prescribed by law. — da. (1877), Art. 6. 

Sec. ('►. Par. 2. The courts of ordinary shall have such powers in rela- 



159 

tion to roads, bridges, ferries, public buildings, paupers, county officers, 
county funds, county taxes, and other county matters as may be con- 
ferred on them by law.— Ga. (1877), Art. 6. 

Sec. 6. Par. :>. The ordinary shall hold his office for the term of four 
years, and until his successor is elected and qualified. — Ga. (1877), 
Art. G. 

Sec. 21. The probate courts shall be courts of record, and shall have 
original jurisdiction in all matters of probate, settlement of estates of 
deceased persons, and appointment of guardians; also jurisdiction to 
hear and determine all civil cases wherein the debt or damage claimed 
does not exceed the sum of five hundred dollars, exclusive of interest, 
and concurrent jurisdiction with justices of the peace in criminal cases. 
—Idaho (1889), Art. 5. 

Sec. 20. The general assembly may provide for the establishment of 
a probate court in each county having a population of over fifty thou- 
sand, and for the election of a judge thereof, whose term of office shall 
be the same as that of the county judge, and who shall be elected at the 
same time and in the same manner. Said courts, when established, shall 
have original jurisdiction of all probate matters, the settlement of es- 
tates of deceased persons, the appointment of guardians and conserva- 
tors, and settlements of their accounts; in all matters relating to ap- 
prentices, and in cases of sales of real estate of deceased persons for the 
payment of debts.— III. (1870), Art. 6. 

Sec. 8. There shall be a probate court in each county, which shall be 
a court of record, and have such probate jurisdiction and care of estates 
of deceased persons, minors and persons of unsound minds, as may be 
prescribed by law, and shall have jurisdiction in cases of habeas corpus. 
This court shall consist of one judge, who shall be elected by the quali- 
fied voters of the county, and hold his office two years. He shall be his 
own clerk, and shall hold court at such times, and receive for compensa- 
tion such fees as may be prescribed by law. — Kan. (1859), Art. 3. 

Sec. 10. All appeals from probate courts and justices of the peace 
shall be to the district court. — Kan. (1859), Art. 3. 

Sec. 7. Judges and registers of probate shall be elected by the people 
of their respective counties, by a plurality of the votes given in at the 
annual election, on the second Monday of September, and shall hold their 
offices for four years, commencing on the first day of January next after 
their election. Vacancies concurring in said offices by death, resignation 
or otherwise, shall be filled by election in manner aforesaid, at the Sep- 
tember election next after their occurrence; and in the meantime, the 
governor, with the advice and consent of the council, may fill said 
vacancies by appointment, and the persons so appointed shall hold their 
offices until the first day of January thereafter. — Me. (1819), Art. 6. 

Sec. 41. There shall be a register of wills in each county of the state, 
and the city of Baltimore, to be elected by the legal and qualified voters 



1G0 

of said counties and city, respectively, who shall hold his office for six 
years from the time of his election, and until his successor is elected 
and qualified; he shall be re-eligible, and subject at all times to removal 
for wilful uegled of duty, or misdemeanor in office in the same manner 
that the clerks of the court are removable. In the event of any vacancy 
in the office of the register of wills, said vacancy shall be filled by the 
judges of the orphans' court, in which such vacancy occurs, until the next 
general election for delegates to the general assembly, when a register 
shall be elected to serve for six years thereafter. — Md. < L867), Art. 4. 

Art. 4. The judges of probate of wills, and for granting letters of ad- 
ministration, shall hold their courts at such place or places, on fixed 
days, as the convenience of the people shall require; and the legislature 
shall, from time to time', hereafter, appoint such times and places; until 
which appointments, the said courts shall be holden at the times and 
places which the respective judges shall direct. — Mass. (1780), Part 2, 
Chap. 3. 

Sec. 7. There shall be established in each organized county in the 
state a probate court, which shall be a court of record, and be held 
at such time and places as may be prescribed by law. It shall be held by 
one judge, who shall be elected by the voters of the county for the term 
of two years. He shall be a resident of such county at the time of his 
election, and reside therein during his continuance in office; and his 
compensation shall be provided by law. He may appoint his own clerk 
where none has been elected; but the legislature may authorize the elec- 
tion, by the electors of any county, of one clerk or register of probate 
for such county, whose powers, duties, term of office and compensation 
shall be prescribed by law. A probate court shall have jurisdiction over 
the estates of deceased persons and persons under guardianship, but no 
other jurisdiction, except as prescribed by this constitution. — Minn. 
(1857), Art. 6. 

Sec. 34. The general assembly shall establish in every county a pro- 
bate court, which shall be a court of record, and consist of one judge, 
who shall be elected. Said court shall have jurisdiction over all matters 
pertaining to probate business, to granting letters testamentary and of 
administration, the appointment of guardians and curators of minors 
and perspns of unsound mind, settling the accounts of executors, admin- 
istrators, curators and guardians and the sale or leasing of lands by 
administrators, curators and guardians; and also jurisdiction over all 
matters relating to apprentices: Provided, That until the general as- 
sembly shall provide by law lor a uniform system of probate 4 courts, the 
jurisdiction of probate courts heretofore established shall remain as now 
provided by law. — Mo. (1875), Art. 6. 

^*-r. :\~>. Probate courts shall be uniform in their organization, juris- 
diction, duties and practice, except that a separate clerk may be provided 
for, or the judge may be required to act, ex-officio, as his own clerk. — 
l/o. i L875), Art. 6. 

Art. Til. All matters relating to the probate of wills and granting 



161 

letters o!' administration shall be exercised by the judges of probate in 
such manner as the legislature have directed or may hereafter direct; 
and the judges of probate shall hold their courts at such place or places. 
on such fixed days as the convenience of the people may require, and the 
legislature Prom time to time appoint. — N. //'.. Part 2, Art. 79. 

Sec. IT). The existing surrogates' courts are continued, and the sur- 
rogates now in office shall hold their offices until the expiration of their 
terms. Their successors shall be chosen by the electors of their re- 
spective counties, and their terms of office shall be six years, except in 
the county of New York, where they shall continue to be fourteen years. 
Surrogates and surrogates' courts shall have the jurisdiction and powers 
wh'ch the surrogates and existing surrogates' courts now possess, until 
otherwise provided by the legislature. The county judge shall be surro- 
gate of his county, except where a separate surrogate has been or shall 
be elected. In counties having a population exceeding forty thousand, 
wherein there is no separate surrogate, the legislature may provide for 
the election of a separate officer to be surrogate, whose term of office 
shall be six years. When the surrogate shall be elected as a separate 
officer his salary shall be established by law, payable out of the county 
treasury. No county judge or surrogate shall hold office longer than 
until and including the last day of December next after he shall be 
seventy years of age. Vacancies occurring in the office of county judge 
or surrogate shall be filled in the same manner as like vacancies occur- 
ring in the supreme court. The compensation of any county judge or 
surre.gate shall not be increased or diminished during his term of office. 
For the relief of surrogates' courts the legislature may confer upon the 
supreme court in any county having a population exceeding four hun- 
dred thousand, the powers and jurisdiction of surrogates, with authority 
to try issues of fact by jury in probate cases. — N. Y. (1894), Art. 6. 

Sec. 16. The legislature may, on application of the board of super- 
visors, provide for the election of local officers, not to exceed two in any 
county, to discharge the duties of county judge and of surrogate, in cases 
of their inability or of a vacancy, and in such other cases as may be 
provided by law, and to exercise such other pow r ers in special cases as 
are or may be provided by law. — V. Y. (1894), Art. 6. 

Sec. 7. There shall be established in each county, a probate court, 
which shall be a court of record, open at all times, and holden by one 
judge, elected by the voters of the county, who shall hold his office for 
the term of three years and shall receive such compensation payable out 
of the countv treasurv, or bv fees, or both, as shall be provided by law. — 
Ohio (1851)', Art. 4. ' 

Sec 8. The probate court shall have jurisdiction in probate and tes- 
tamentary matters, the appointment of administrators and guardians, 
the settlement of the accounts of executors, administrators and guard- 
ians, and such jurisdiction in habeas corpus, the issuing of marriage 
licenses, and for the sale of land by executors, administrators, and guard- 
ians, and such other jurisdiction, in any county, or counties, as may be 
provided by law. — Ohio (1851), Art. 4. 
21— Jud. Dept. 



L62 

Sec L2. The county court shall have the jurisdiction pertaining to 
probate courts, and boards of comity commissioners, and such other 
powers and duties, and such civil jurisdiction not exceeding the amount 
of value of five hundred dollars, and such criminal jurisdiction not ox 
tending to death or imprisonment in the penitentiary as may be pre- 
scribed by law. Bui the legislative assembly may provide for the elec- 
tion of two commissioners to sit with the county judge whilst transact- 
ing county business in any or all the counties, or may provide a sepa- 
rate board for transacting such business. Ore. (1857), Art. 7. 

Sec. 22. In every county wherein the population shall exceed one 
hundred and fifty thousand, the general assembly shall, and in any 
other count} may. establish a separate orphans' court, to consist of one 
or more judges who shall be learned in the law, which court shall exer 
<jsc all the jurisdiction and powers now vested in or which may hereafter 
be conferred upon the orphans' courts, and thereupon the jurisdiction of 
the judges of the court of common pleas within such county, in orphans' 
court proceedings, shall cease and determine. In any county in which 
a separate orphans' court shall be established, the register of wills shall 
be clerk of such court and subject to its directions, in all matters per- 
taining lo his office; he may appoint assistant clerks, but only with the 
consent and approval of said court. All accounts tiled with him as 
register or as clerk of the said separate orphans' court, shall be audited 
by the court without expense to parties, except where all parties in in- 
terest in a pending proceeding shall nominate an auditor whom the court 
may. in its discretion, appoint. In every county orphans' courts shall 
possess all the powers and jurisdiction of a registers' court and separate 
registers' courts ace hereby abolished. — Pa. (1873), Art. 5. 

Sec. 19. The court of probate shall remain as now established in the 
county of Charleston. In all other counties of the state the jurisdiction 
in all matters testamentary and of administration, in business appertain- 
ing to minors and the allotment of dower, in cases of idiocy and lunacy, 
and persons nun compus mentis, shall be vested as the general assembly 
may provide, and until such provision such jurisdiction shall remain in 
the court of probate as now established. — N. C. (1895), Art. 5. 

Art. IT. Judges of probate shall be elected by the freemen of their 
respective probate districts.— Ft (1793), (Arndt.) , Art. L7. 

Sec. km. The general assembly shall have power to confer upon the 
clerks of the several circuit courts jurisdiction, to be exercised in the 
manner and under the regulations to be prescribed by law, in the matter 
of the admission of wills to probate, and of the appointment and qualifi- 
cation of guardians, persona] representatives, curators, appraisers, and 
committees of the estates of persons who have been adjudged insane or 
convicted of felony, ami in the matter of the substitution of trustees 
Va. (1902), Art. 6. 

Sec. it. There shall be chosen in each county, by the qualified electors, 
thereof a judge of probate, who shall hold his office for two years, and 
until his successor shall he elected ami qualified, and whose jurisdiction, 



1(53 

powers and duties shall be prescribed by law: Prodded, however, That 
the legislature shall have power to abolish the office of judge of probate 
in any county, and to confer probate powers upon such inferior courts as 
may be established in said county. — Wis. (1848), Art. 7. 



VACANCIES IN JUDICIAL OFFICES. 

(86) Sec. 14. When a vacancy occurs in the office of judge of the 
supreme, circuit or probate court, it shall be filled by appointment of the 
governor, which shall continue until a successor is elected and qualified. 
When elected, such successor shall hold his office the residue of the unex- 
pired term.— Mich. (1850). Art. 6. 

Sec. 158. Vacancies in the office of any of the justices of the supreme 
court or judges who hold office by election, or chancellors of this state, 
shall be filled by appointment by the governor. The appointee shall hold 
his office until the next general election for any state officer held at least 
six months after the vacancy occurs, and until his successor is elected and 
qualified ; the successor chosen at such election shall hold office for the 
unexpired term and until his successor is elected and qualified. — Ala. 
(1901), Art. 6. 

Sec. 161. The legislature shall have power to provide for the holding 
of chancery and circuit courts, and for the holding of courts having the 
jurisdiction of circuit and chancery courts, or either of them, when the 
chancellors or judges thereof fail to attend regular terms. — Ala. (1901), 
Art. 6. 

Sec. 9. In case all or any of the judges of the supreme court shall be 
disqualified from presiding in any cause or causes, the court or the dis- 
qualified judge shall certify the same to the governor, who shall immedi- 
ately commission the requisite number of men learned in the law to sit 
in the trial and determination of such causes. — Ark. (1874), Art. 7. 

Sec. 21. Whenever the office of judge of the circuit court of any 
county is vacant at the commencement of a term of such court, or the 
judge of said court shall fail to attend, the regular practicing attorneys 
in attendance on said court may meet at 10 o'clock a. m. on the second 
day of the term and elect a judge to preside at such court, or until the 
regular judge shall appear; and if the judge of said court shall become 
sick or die or unable to continue to hold such court after its term shall 
have commenced, or shall from any cause be disqualified from presiding at 
the trial of any cause then pending therein, then the regular practicing 
attorneys in attendance on said court may in like manner, on notice 
from the judge or clerk of said court, elect a judge to preside at such 
court or to 'try said causes, and the attorney so elected shall have the same 
power and authority in said court as the regular judge would have had 
if present and presiding ; but this authority shall cease at the close of the 
term at which the election shall be made. The proceeding shall be en- 
tered at large upon the record. The special judge shall be learned in the 
law T and a resident of the state. — Ark. (1874), Art. 7. 



L64 



g ec 29 Ml officers provided for in this article, excepting judges of 
the supreme court, shall respectively reside in the district, county, pre- 
C i nc1 city or town for which they may be elected or appointed. Vacancies 
occurring in any of the offices provided eor in this article shall be fijled 
by appointment as follows: Of judgesof the supreme and district courts, 
1>V the governor; of distrid attorneys, by the judge of the court of the 
district for which such attorney was elected; and of all other judicial 
officer^ bv the board of county commissioners of the county wherein the 
vacancy occurs. .Indues of the supreme, distrid and counts courts ap- 
pointed under the provisions of this section shall hold office until the 
next general election and until their successors elected thereal shall be 
duly qualified. Colo. I L876), Art. 6. 

Sec is. The governor shall have power to commission a judge ad 
litem for the purpose of constituting a quorum in the superior court. 
court of over and terminer, court of general sessions or supreme court. 
where by reason of legal exception to the chancellor or any judge or for 
other cause a quorum could not otherwise be had. The commission in 
such .ase shall confine the office to the cause, and it shall expire on the 
determination of the cause. The judge so appointed shall receive a reas- 
onable compensation to be fixed by the general assembly. A member 
of congress, or any person holding or exercising an office under the 
United States, shall not be disqualified from being appointed a judge ad 
litem.— Del. (1897), Art. 4. 

Sec 33 When the office of any judge shall become vacant from any 
,-ause the successor to nil such vacancy shall be appointed or elected only 
for the unexpired tern, of the judge whose death, resignation, retirement. 
other cause created such vacancy. — Flo,. (1885), Art. 5. 



or ( 



g ec 4_ p ar< 9. The general assembly may provide by law for the ap- 
pointment of some proper person to preside in cases where the presiding 
judge is, from any cause, disqualified. — Ga. < L877), Art. 6. 

g ec 5. Par. 1. In anv county within which there is, or hereafter may 
r j, v court, the judge of said court, and of the superior court, may 
preside in the courts of each other in cases where the judge of either oourt 
is disqualified to preside.— Ga. (1877), Art. (\. 

Sec 2 Par. 2. When one or more of the judges are disqualified from 
deciding any case, by interest or otherwise, the governor shall designate 
a judge, or judges, of the superior courts to preside in said case.— Ga. 
I 1877), irt. 6 

g ec in. All vacancies occurring in the offices provided for by this 
article of the constitution shall be filled as provided by law.— Idaho 
. L889), Irt. 5. 

g ec ii. All the judicial officers provided for by this article shall be 
elected at the first election under this constitution, and shall reside in 
their respective townships, counties or districts during their respective 
terms of office. In case of vacancy in any judicial office, it shall be filled 



165 

by appointmeni of the governor until the nex1 regular election that shall 
occur more than thirty days after such vacancy shall have happened. 
Kan. (1859), Art. 3. 

Sec. 136. The general assembly shall provide by law for holding cir- 
cuit courts when, from any cause, the judge shall fail to attend, or, if in 
attendance 1 , cannot properly preside. — Ky. (1891), Sec. 136. 

Sec 1 . 5. After the election for judges, as hereinbefore provided, there 
shall be held in this state, in every fifteenth year thereafter, on the Tues- 
day after the first Monday in November of such year, an election for 
judges as herein provided; and in case of death, resignation, removal or 
disqualification by reason of age or otherwise of any judge, the governor 
shall appoint a person duly qualified to fill said office, who shall hold 
the same until the next general election for members of the general as- 
sembly, when a successor- shall be elected, whose term of office shall be the 
same as hereinbefore provided, and upon the expiration of the term of 
fifteen years for which any judge may be elected to fill a vacancy, an 
election for his successor shall take place at the next general election 
for members of the general assembly to occur upon or after the expiration 
of his said term ; and the governor shall appoint a person duly qualified 
to hold said office from the expiration of such term of fifteen years until 
the election and qualification of his successor. — Md. (1867), Art. 4 
(Amdt. 1881). 

Sec. 10. In case the office of any judge become vacant before the ex- 
piration of the regular term for which he was elected, the vacancy shall 
be filled by appointment by the governor, until a successor is elected and 
qualified. And such successor shall be elected at the first annual election 
that occurs more than thirty days after the vacancy shall have happened. 
—Minn. (1857). Art. 6. 

Sec. 151. All vacancies which may occur in said court from death, 
resignation, or removal shall be filled by appointment as aforesaid; but 
if a vacancy shall occur during the recess of the legislature, the governor 
shall appoint a successor, who shall hold his office until the end of the 
next session of the senate, unless his nomination shall be sooner re- 
jected.— Miss. (1890), Art. 6. 

Sec. 177. The governor shall have power to fill any vacancy which 
may happen during the recess of the senate in the office of judge or chan- 
cellor, by making a temporary appointment of an incumbent, which 
shall expire at the end of the next session of the senate, unless a successor 
shall be sooner appointed and confirmed by the senate. When a tem- 
porary appointment of a judge or chancellor has been made during the 
recess of the senate, the governor shall have no power to remove the 
person or appointee, nor power to withhold his name from the senate 
for their action. — Miss. (1890), Art. 6. 

See. 32. In case the office of judge of any court of record become 
vacant by death, resignation, removal, failure to qualify, or otherwise, 



166 

such vacancy shall be filled id the manner provided by law. —Mo. (1875) j 
Art. 6. 

Sec. :>4. Vacancies in the office of justice of the supreme court, or 
judge of the district court, or clerk of the supreme court, shall be, filled 
by appointment, by the governor of the state, and vacancies in the offices 
of county attorneys, clerk of the district court, and justices of the peace 
ghal] be filled by appointment hy the board ol* county commissioners 
of the county w here such vacancy occurs. A person appointed to fill any 
such vacancy shall hold his office until his successor is elected and quali- 
fied A person elected to till a vacancy shall hold office until the expira- 
ticn of the term for which the person he succeeds was elected. — Mont. 
(1S89), Art. 8. 

Sec. 21. In case the office of any judge of the supreme court, or of 

any district court, shall become vacant before the expiration of the regu- 
lar term for which he was elected, the vacancy shall be filled by appoint- 
ment by the governor, until a successor shall be elected and qualified, and 
such successor shall be elected for the unexpired term at the first general 
election that occurs more than thirty days after the vacancy shall have 
happened. Vacancies in all other elective offices provided for in this 
article shall be filled by election, but when the unexpired term does not 
exceed one year the vacancy may be filled by appointment, in such man- 
ner as the legislature may provide. — Neb. (1875), Art. 6. 

Sec. 17. The legislature shall have no power to grant leave of ab- 
sence to a judicial officer, and any such officer who shall absent himself 
from the state for more than ninety consecutive days, shall be deemed to 
have vacated his office. — Nev. (1864), Art. 6. 

Sec. 4. The official terms of the justices of the supreme court shall 
be fourteen years from and including the first day of January next after 
their election. When a vacancy shall occur otherwise than by expira- 
tion of term in the office of justice of the supreme court the same shall 
be filled for a full term, at the next general election, happening not less 
than three months niter such vacancy occurs; and, until the vacancy 
shall be so filled, the governor by and with the advice and consent of 
the senate, if the senate shall be in session, or if not in session the gov 
ernor, may (ill such vacancy by appointment, which shall continue until 
and including the last day of December next after the election at which 
the vacancy shall be filled'. \ . ) . i L894), Art. 6. 

Sec. 98. Any vacancy happening by death, resignation or otherwise in 
the office of judge of the supreme court shall be filled by appointment, 
b\ the governor, which appointment shall continue until the first gen- 
eral (Section thereafter, when said vacancy shall be filled by election. — 
A. Dak. ( L889), Art. I. 

Sec. \:\. lii case the office of any judge shall become vacant, before the 
expiration of the regular term for which he was elected, the vacancy 
shall be filled by appointment by the governor, until a successor is elected 
and qualified; and such success* shall be elected for the unexpired 



167 

term, at the first annual election that occurs more than thirty days 
after the vacancy shall have happened. — Ohio (1851), Art. 4. 

Sec. 4. Every vacancy in the office of judge of the supreme court 
shall be filled by election for the remainder of the vacant term, unless 
it would expire at the next election, and until so filled, or when it 
would so expire, the governor shall fill the vacancy by appointment. — 
Ore. (1857), Art. 7. 

Sec 25. Any vacancy happening by death, resignation or otherwise, 
in any court of record, shall be filled by appointment by the governor, 
to continue till the first Monday of January next succeeding the first 
general election, which shall occur three or more months after the hap- 
pening of such vacancy. — Pa. (1873), Art. 5. 

Sec. 5. In case of vacancy by death, resignation, removal from the 
state or from office, refusal or inability to serve, of any judge of the 
supreme court, the office may be filled by the grand committee, until 
the next annual election, and the judge then elected shall hold his office 
as before provided. In cases of impeachment or temporary absence, or 
inability, the governor may appoint a person to discharge the duties of 
the office during the vacancy caused thereby. — R. I. (1842), Art. 10. 

Sec. 6. No judge shall preside at the trial of any cause in the event of 
which he may be interested, or when either of the parties shall be con- 
nected with him by affinity or consanguinity, within such degrees as may 
be prescribed by law, or in which he may have been counsel or have 
presided in any inferior court. In case all or any of the justices of the 
supreme court shall be thus disqualified, or be otherwise prevented from 
presiding in any cause or causes, the court or the justices thereof shall 
certify the same to the governor of the state, and he shall immediately 
commission, specially, the requisite number of men learned in the law 
for the trial and determination thereof. The same course shall be pur- 
sued in the circuit and inferior courts as is prescribed in this section 
for cases of the supreme court. The general assembly shall provide by 
law for the temporary appointment of men learned in the law to hold 
either special or regular terms of the circuit courts whenever there may 
be necessity for such appointment. — S. C. (1895), Art. 5. 

Sec. 37. All officers provided for in this article shall respectively re- 
side in the district, county, precinct, city or town for which they may 
be elected or appointed. Vacancies in the elective offices provided for in 
this article shall be filled by appointment until the next general elec- 
tion as follows : All judges of the supreme court, circuit and county 
courts by the governor. All other judicial and other offices by the county 
board of the counties where the vacancy occurs; in cases of police mag- 
istrates, by the municipality. — 8. D. (1889), Art. 5. 

Sec. 28. Vacancies in the office of judges of the supreme court, the 
court of criminal appeals, the court of civil appeals, and district courts, 
shall be filled by the governor until the next succeeding general election, 
and vacancies in the office of county judge and justices of the peace 



L68 

shall Ik* tilled by the commissioners' court until the aext general election 
for such offices. Tex. (1875), Art. 5 (Amdt. lsiiii. 

Sec. 7. [f from any cause a vacancy shall occur in the supreme courl 
of appeals the governor shall issue a writ of election to fill such vacancy 
;:i the nc.M general election for the residue of the term, and in the mean- 
time he shall Mil such vacancy by appointmenl until a judge is elected 
and qualified. Bui if the unexpired term be less than two years the 
governor shall fill such vacancy by appointment for the unexpired term. 
—W. Va. I L872), Art. 8. 

Sec. !>. When a vacancy shall happen in the office of judge of the 
supreme or circuit court, such vacancy shall be filled by an appointment 
of the governor, which shall continue until a successor is elected and 
qualified; and when elected such successor shall hold his office the resi- 
due of the unexpired term. There shall be no election for a judge or 
judges at any general election for state or county officers, nor within 
thirty days either before, or alter such election. — Wis. (1848), Art. 7. 

Sec. (>. In case a judge of i he supreme court shall be in any way in- 
terested in a cause brought before such court the remaining judges of 
said court shall call oik* of the district judges to sit with them on the 
hearing of said cause. — Wyo. (1889), Art. 5, Sec. 6. 



FORFEITURE OF OFFICE BY ABSENCE. 

See. 9. The legislature shall have no power to grant leave of absence 
t ) any judicial officer; and any such' officer who shall absent himself from 
the state lor more than sixty consecutive days shall be deemed to have 
forfeited his office. The legislature of the state may, at any time, two 
thirds of the members of the senate and two-thirds of the members of 
the assembly voting therefor, increase or diminish the number of judges 
of the superior court in any county, or city and county, in the state: 
Provided; Thai no such reduction shall affect any judge who has been 
elected.— Cal. I L880), Art. (I. 

Sec. 37. Any judicial officer who shall absent himself from the state 
for more than sixty consecutive days shall be deemed to have fori 
his (.nice. Mont, I L889), Art. s. 

Sec. 27. Any judicial officer who shall absent himself from the state 
or district for more than ninety consecutive days, shall be deemed to 
have forfeited his office: Provided, That in case of extreme necessity, 
the governor may extend the leave of absence to such time as the neces- 
sity therefor shall exist. Utah (1896), Art. 8. 

Sec. S. Any judicial officer who shall absent himself from the - 
for more than si\t\ consecutive days shall be deemed to have forf( 
his office: Provided, That in cases of extreme necessity the governor may 
extend the leave of absence such time as the necessity therefor shall 
exist. Wash, I L889), 1/7. I. Sec. 8. 



169 

COURTS OF RECORD. 

(87) Sec. 15. The supreme court, the circuit and probate courts of 
each county shall be courts of record, and shall each hare a common 
seal— Mich. (1850), Art. 6. 

Sec. 12. The supreme court, the superior court, and such other courts 
os the legislature shall prescribe, shall be courts of record. — Ca I. (1880), 
Art.. 6. 

Sec. 25. The supreme and district courts shall be courts of record. — 
Mont. (1889). Art. 8. 

Sec. 17. The supreme and district courts shall be courts of record 
and each shall have a seal.— Utah (1896), Art. 8. 

Sec. 11. The supreme court and the superior courts shall be courts 
of record, and the legislature shall have power to provide that any of 
the courts of this state, excepting justices of the peace, shall be courts 
of record.— Wash. (1889), Art, 4. 



CIRCUIT COURT COMMISSIONERS. 

(88) Sec. 16. The legislature may provide by laiv for the election of 
one or more persons in each organized county, who may be vested with 
judicial powers not exceeding those of a judge of the circuit court at 
chambers.— Mich. (1850), Art. 6. 

Sec. 14. A circuit judge may appoint in each county in his circuit one 
or more attorneys at law, to be court commissioners, who shall have 
power in the absence from the county of the circuit judge, to allow writs 
of injunction and to issue writs of habeas corpus, returnable before 
himself or the circuit judge. Their orders in such matters may be re- 
viewed by the circuit judge, and confirmed, qualified or vacated. They 
may be removed by the circuit judge. The legislature may confer upon 
them further powers, not judicial, and shall fix their compensation. — Fla. 
(1885), Art. 5. 

Sec. 15. The legislature may provide for the election of one person 
in each organized county in this state, to be called a court commissioner, 
wilh judicial power and jurisdiction not exceeding the power and juris- 
diction of a judge of the district court at chambers ; or the legislature 
may, instead of such election, confer such power and jurisdiction upon 
the judges of probate in the state. — Minn. (1857), Art. 6. 

Sec. 23. There may be appointed in each county, by the judge of the 
superior court having jurisdiction therein, one or more court commis- 
sioners, not exceeding three in number, who shall have authority to per- 
form like duties as a judge of the superior court at chambers, subject to 
revision by such judge, to take depositions and to perform such other 
business connected with the administration of justice as mav be pre- 
scribed by law.— Wash. (1889), Art. 4. 
22— Jud. Dept. 



170 

Sec. L4. The legislature shall provide by law for the appointment by 
the several district courts of one or more district court commissioners 
(who shall be persons learned in the law) in each organized countj in 
which a district court is holden, such commissioners shall have authority 
i(. perform such chamber business in the absence of the district judge 
from the county or upon his written statement filed with the papers, 
(hat il is improper for him to act, as may be prescribed by law, to take 
depositions and perform such other duties, and receive such compensa- 
tion as shall be prescribed by law. — Wyo. I L889), Art. 5. 

Sec. 23. The legislature may provide for the appointment of one or 
more persons in each organized county, and may vest in such persons 
such judicial powers as shall be prescribed by law: Provided, That said 
power shall not exceed thai of a judge of a circuit court at chambers. — 
Wis. (1848), Art. 7. 



JUSTICES OP THE PEACE. 

(89) Sec. 17. There shall be not exceeding four justices of tin peaa 
in each organized township. They sliull l>< elected by th< electors of tlie 
townships and shall hold their offices for four //ears ami until their suc- 
cessors are elected and qualified. At the first election in any township 
they shall be classified lis shall be jtreserilted by hue. A justice elected 
to fill a vacancy shall hold his office foe tin residue of the unexpired 
term. The legislature may increasi the number of justices m cities. 
Mich, (1850), Art. 6. 

Sec. L68. In each precinct not lying within, or partly within, any city 
or incorporated town of more than fifteen hundred inhabitants, there 
shall he elected by the qualified electors of such precinct not exceeding 
two justices of the peace, and one constable. Where one or more pre- 
cincts lie within, or partly within, a city or incorporated town having 
more than fifteen hundred inhabitants, the legislature may provide by law 
for the election of not more than two justices of the peace and one con- 
stable, for each of such precincts, or an inferior court for such precinct 
or precincts, in lieu of all justices of the peace therein. -Inst ices of the 
peace, am! the inferior courts in this section provided for, shall have 
jurisdiction in all civil cases where the amount in controversy does not 
exceed one hundred dollars, except in cases of libel, slander, assault and 
battery and ejectment. The legislature may provide by law what fees 
may be charged by justices of the peace and constables, which fees shall 
be uniform throughout the state. The right of appeal from an\ judg- 
mi mi of a justice of the peace, or from any inferior courl authorized by 
this section, without the prepayment of msis. and also the term of office 
of such justices, and of the judges of such inferior courts, and of notaries 
public shall be provided for by law. The governor may appoint not 
public without the powers of a justice of the peace, and may, es 
where otherwise provided by an acl of the legislature, appoint not more 
Hi a a one notary public with all of the powers and jurisdiction of a justice 
«'f the peace for each precincl in which the election of justices of the 
shall be authorized. I la. i L901 ), A rt. <*>. 



171 

Sec 38. The qualified electors of each tow oship shall elect the justices 
of the peace for the term of two years, who shall be commissioned by the 
governor, and their official oath shall be indorsed on the commission .— 
Ark. (1874), Art. 7. 

Sec. 39. For every two hundred electors there shall be elected one 
justice of the peace, bui every township, however small, shall have two 
justices of the peace. — Ark. 1 1874), Art. 7. 

Sec. 41. A justice of the peace shall be a qualified elector and a resi- 
dent of the township for which he is elected. — Ark. (1874), Art. 7. 

Sec. 11. The legislature shall determine the number of justices of the 
peace to be elected in townships, incorporated cities and towns, or cities 
and counties, and shall fix by law the powers, duties, and responsibilities 
of justices of the peace: Provided, Such powers shall not, in any case, 
trench upon the jurisdiction of the several courts of record, except that 
said justices shall have concurrent jurisdiction with the superior courts 
in cases of forcible entry and detainer, where the rental value does not 
exceed twenty-five dollars per month, and where the whole amount of 
damages claimed does not exceed two hundred dollars, and in cases to en- 
force and foreclose liens on personal property when neither the amount 
of liens nor the value of the property amounts to three hundred dollars. — 
Col. (1880), Art 6. 

Sec. 11. There shall be elected at the same time at which members 
of the general assembly are elected, beginning with the year nineteen hun- 
dred and four, two justices of the peace and two constables in each pre- 
cinct in each county, who shall hold their office for a term of two years : 
Provided. That in precincts containing fifty thousand (50,000) or more 
inhabitants, the number of justices and constables may be increased 
as provided by law. The term of offices of all justices of the peace that 
expires in January, 1904, is hereby extended to the second Tuesday in 
January, 1905. This section shall govern, except as hereinafter otherwise 
expresslv directed or permitted by constitutional enactment. — Colo. 
(1876), Art. 14. 

Sec. 26. The general assembly shall have power to provide for cre- 
ating such police magistrates for cities and towns as may be deemed 
from time to time necessary or expedient; who shall have jurisdiction of 
all cases arising under the ordinances of such cities and towns respect- 
ively.— Colo. (1876), Art. 6. 

Airt. 10. The justices of the peace for the several towns in this state 
shall be appointed by the electors in such towns ; and the time and man- 
ner of their election, the number for each town, and the period for which 
they shall hold their offices, shall be prescribed by law. — Conn. (1818), 
(Amdt.) Art. 10. 

Sec. 31. There shall be appointed, as hereinafter provided, such num- 
ber of persons to the office of justice of the peace as shall be directed 
by law. who shall be commissioned for four years. — Del. (1897), Art. 4. 



L72 

Sec. 32. Justices of the peace and the judges of such courts as the 
general assembly may establish pursuant to the provisions of section 1 
or section 30 of this article shall be appointed by the governor, by and 
with the consenl of a majority of all the members elected to the senate, 
for such terms as shall be fixed by this constitution or by law. — Del. 
i 1897), Art. 4. 

Sec. 21. The county commissioners of each county shall divide it into 
as many justice districts, noi less than two, as they may deem necessary. 
There shall be elected one justice of the peace for each of the said dis- 
tricts. Be shall hold his office for lour years.— Fla. (1885), Art. 5. 

Sec. 7. Tar. 1. There shall be in each militia district one justice 
oi the peace, whose official term, excepl when elected to till an nnex 
pired term, shall be four years. — Ga. (1877), Art. 6. 

Sec. 7. Tar. 3. Justices of the pence shall be elected l>y the legal 
voters in their respective districts, and shall be commissioned by the 
governor. They shall be removable on conviction for malpractice in 
office.— #a. (1877), Art. 6. 

Sec. 22. In each comity of this si ate there shall be elected justices 
of the peace as prescribed by law. Justices of the peace shall have such 
jurisdiction as may be conferred by law, but they shall not have juris- 
diction of any cause wherein the value of the property or the amount 
in controversy exceeds the sum of three hundred dollars, exclusive of 
interest, nor where the boundaries or title to any real property shall 
be called in question. — Idaho (1889), Art. 5. 

Sec. 21. -Justices of the peace, police magistrates and constables shall 
be elected in and for such districts as are, or may be. provided by law, 
and the jurisdiction of such justices of the peace and police magistrates 
shall be uniform.— III. (1870), Art. 6. 

Sec. 28. All justices of the peace in the city of Chicago shall be ap- 
pointed by the governor, by and with the advice ami consenl of the 
senate (bu1 only upon (he recommendation of a majority of the judges 
of the circuit, superior and county courts), and for such districts as 
are now or shall hereafter be provided by law. They shall hold their 
is for four years, ami until their successors have been commis- 
sioned and qualified, but they may be removed by summary proceed- 
ing in the circuit or superior court, for extortion or other malfeasance. 
ating justices of the peace and police magistrates may hold their 
offices until the expiration of their respective terms.- — III. i l>7<h. Art. 6. 

. 1 1. A competent number of jus! ices of the pence shall In 1 elected 
by the voters in each township in the several counties. They shall con 
tinue in office four years, and their powers and duties shall l>e pre- 
scribed by law. Tnd. i L851 I, Art. 7. 

Sec !>. Two justices of the peace shall be elected in each township, 
whose term of office shall be two years, and whose powers and duties 



173 

shall be prescribed by law. The number of justices of the peace may be 
increased in any township by law. — Kan. (1859), Art. 3. 

Sec 142. Each county now existing, or which may hereafter be 

created, in this stale shall be laid off into districts in such manner as 
the general assembly may direct; but no county shall have less than 
three nor more than eight districts, in each of which districts one jus- 
tice of the peace shall be elected as provided in section ninety-nine. The 
general assembly shall make provisions for regulating the number of 
said districts from time to time within the limits herein prescribed, 
and for fixing- the boundaries thereof. The jurisdiction of justices of 
the peace shall be co-extensive with the county, and shall be equal 
and uniform throughout the state. Justices of the peace shall be con- 
servators of ihe peace. They shall be commissioned by the governor, 
and shall vacate their offices by removal from the districts, respectively, 
in which they may have been elected. — Ky. (1891), Sec. 142. 

Sec. 113. A police court may be established in each city and town 
in this state, with jurisdiction in cases of violation of municipal ordi- 
nances and by-laws occurring within the corporate limits of the city 
or town in which it is established, and such criminal jurisdiction within 
the said limits as justices of the peace have. The said courts may be 
authorized to act as examining courts, but shall have no civil jurisdic- 
tion : Provided^ The general assembly may confer civil jurisdiction on 
police courts in cities and towns of the fourth and fifth classes and in 
towns of the sixth class having a population of two hundred and fifty 
or more, which jurisdiction shall be uniform throughout the state, and 
not exceed that of justices of the peace. — Ky. (1891), Sec. 143. 

Art. 126. In each parish, the parish of Orleans excepted, there shall 
he as many justices of the peace as may be provided by law. The pres- 
ent number of justices of the peace shall remain as now fixed until 
otherwise provided. They shall be freeholders and qualified electors and 
possess such other qualifications as may be prescribed by law. They 
shall be elected for the term of four years by the qualified voters within 
the territorial limits of their jurisdiction. 

They shall have exclusive original jurisdiction in all civil matters, 
when the amount iu dispute shall not exceed fifty dollars, exclusive of 
interest, and original jurisdiction concurrent with the district court 
when the amount in dispute shall exceed fifty dollars, exclusive of 
interest, and shall not exceed one hundred dollars, exclusive of interest; 
including suits for the ownership or possession of movable property not; 
exceeding said amounts in value, and suits by landlords for possession 
of leased premises, when the monthly or yearly rent, or the rent for 
the unexpired term of the lease does not exceed said amounts. They 
shall have no jurisdiction in succession or probate matters, or when 
a succession is a defendant, or when the state, parish or any munici 
pality or other political corporation, is a party defendant, or when title 
to real estate is involved. They shall receive such fees in civil mat- 
ters as may be fixed by law. They shall have criminal jurisdiction as 
committing magistrates, and shall have power to bail or discharge in 
cases not capital or necessarily punishable at hard labor. The general 



171 

assembly may by general or special laws invest justices of the peace in 
general or in any particular parish or parishes with criminal juris- 
diction over misdemeanors to be tried with a jury composed of no1 more 
than five nor less than three persons, in such manner as may be pro- 
vided by law. with the right of appeal to the district court in all eases. 
not appealable to the supreme court, as hereinbefore provided for. — 
La. (1898), Art. L26. 

Art. L28. -Justices of the peace and constables shall receive no foes 
in criminal matters, including peace bond cases, but. in lieu thereof 
such salaries as may be fixed by the police jury, and paid by the parish, 
which salaries shall' be graded.— La, (1898)., Art. 128. 

Sec. 5. Justices of the peace and notaries public, shall hold their 
offices during- seven years, if they so long behave themselves well, at 
the expiration of which term, they may be reappointed or others ap- 
pointed, as the public interest may require. — Me. (1819), Art. G. 

Sec. 42. The governor, by and with the advice and consent of the 
senate, shall appoint such number of jnstices of the peace, and the county 
commissioners of the several counties, and the mayor and city council 
of Baltimore, respectively, shall appoint such number of constables, 
for the several election districts of the counties and wards of the city 
of Baltimore, as are now or may hereafter be prescribed by law; and 
justices of the peace and constables so appointed shall be subject to 
removal by the judge or judges having criminal jurisdiction in the 
county or city, for incompetency, wilful neglect of duty, or misde- 
meanor iti office, on conviction in a court of law. The jnstices of the 
peace and constables so appointed and commissioned shall be conser 
vators of the peace; shall hold their office for two years, and shall have 
such jurisdiction, duties and compensation, subject to such right of 
appeal in all cases from the judgment of justices of the peace, as hath 
been heretofore exercised, or shall be hereafter prescribed bv law. — 
Md. (1867), Art. 4. 

Sec. 43. In the event of a vacancy in the office of a justice of the 
peace, the governor shall appoint a person to serve as justice of the 
peace for the residue of the term; and in case of a vacancy in the" office 
of constable, the county commissioners of the county in which the va- 
cancy occurs, or the mayor and city council of Baltimore, as the case 
may be. shall appoint a person to serve as constable for the residue of 
the* term.— Md. (1867), Art. 4. 

Art. :>. In order that the people may not suffer from the long con- 
tinuance in place of an\ justice of the peace who shall fail of discharg- 
ing the important duties of his office with ability or fidelity, all com- 
missions of justices of the peace shall expire and become void, in the 
term of seven years from their respective dates; ami. upon the expira- 
tion of any commission, the same may. if necessary, be renewed, or 
another person appointed, as shall most conduce to the well-being of 
the commonwealth.— -Mass. (1789), Part 2. Chan. \\. 



175 

Sec 8. The legislature shall provide for the election of a sufficient 
number of justices of the peace in each county, whose term of office 
shall be two years, and whose duties and compensation shall be 
prescribed by law: Provided, That no justice of the peace shall have 
jurisdiction of any civil cause where the amount in controversy shall 
exceed one hundred dollars, nor in a criminal cause where the punish- 
ment shall exceed three months' imprisonment, or a fine over one hun- 
dred dollars, nor in any cause involving- the title to real estate. — Minn. 
(1857), Art. 6. 

Sec. 171. A competent number of justices of the peace and constables 
shall be chosen in each county in the manner provided by law, for 
each district, who shall hold their office for the term of four years. No 
person shall be eligible to the office of justice of the peace who shafll 
not have resided two years in the district next preceding his selection. 
The jurisdiction of justices of the peace shall extend to causes in which 
the principal amount in controversy shall not exceed the sum of two 
hundred dollars; and they shall have jurisdiction concurrent with the 
circuit court over all crimes whereof the punishment prescribed does 
not extend beyond a fine and imprisonment in the county jail ; but the 
legislature may confer on the justices of the peace exclusive jurisdic- 
tion in such petty misdemeanors as it shall see proper. In all causes 
tried by a justice of the peace, the right of appeal shall be secured under 
such rules and regulations as shall be prescribed by law, and no justice 
of the peace shall preside at the trial of any cause where he may be 
interested, or the parties or either of them shall be connected with 
him by affinity or consanguinity, except by the consent of the justice 
of the peace and of the parties. — Miss. (1890), Art, 6. 

Sec. 37. In each county three shall be appointed, or elected, as many 
justices of the peace as the public good may require, whose powers, 
duties and duration in office shall be regulated by law. — Mo. (1875), 
Art. 6. 

Sec. 20. There shall be elected in each organized township of each 
county by the electors of such township at least two justices of the 
peace, who shall hold their offices except as otherwise provided in this 
constitution, for the term of two years. Justices courts shall have such 
original jurisdiction within their respective counties as may be pre- 
scribed by law, except as in this constitution otherwise provided : 
Provided, That they shall not have jurisdiction in any case where the 
debt, damage, claim, or value of the property involved exceeds the sum 
of three hundred dollars.— Mont. (1889), Art. 8. 

Sec. 18. Justices of the peace and police magistrates shall be elected 
in and for such districts, and have and exercise such jurisdiction as may 
be provided by law : Provided. That no justice of the peace shall have 
jurisdiction of any civil case where the amount in controversy shall ex- 
ceed two hundred dollars ; nor in a criminal case where the punishment 
may exceed three months imprisonment, or a fine of over one hundred 
dollars; nor in any matter wherein the title or boundaries of land may 
be in dispute. — Xeo. (1875), Art. 6. 



176 

Sec. s. The legislature shall determine the number of justice of 
the pence to be elected in each city and township of the state, and shall 
fix, by law, their powers, duties and responsibilities: Provided, That 
such justices' courts shall not have jurisdiction of the following cases, 

viz: First — Of eases in which the matter in dispute is a money demand 
or personal property, and the amount of the demand (exclusive of in- 
terest i or the value of the property exceeds three hundred dollars. 
Second — Of cases where in the title to real estate or mining claims, 
or questions of boundaries to land, is or may be involved; or of cases 
that in ain manner shall conflict with the jurisdiction of the several 
courts of record in this stale: And Provided further. That justices' 
courts shall have such criminal jurisdiction as may be prescribed by 
law; and the legislature may confer upon said courts jurisdiction 
current: with the district; courts, of actions to enforce mechanics' liens 
wherein the amount (exclusive of interest) does not exceed three hun- 
dred dollars; and also of actions for the possession of lands and tene- 
ments, where the relation of landlord and tenant exists, or when such 
possession has been unlawfully or fraudulently obtained or withheld. 
The legislature shall also prescribe by law the manner and determine 
the cases in which appeals may be taken from justices and other courts. 
The supreme court, the district courts. ;\nd such other courts as the 
legislature shall designate, shall be courts of records. — \< r. | L864), 
Art. 6. 

Art. 7-1. In order that the people may not suffer from the long con- 
tinuance in place of any justice of the peace who shall fail in discharg- 
ing the important duties of his office with ability and fidelity, all com- 
missions of justices of the peace shall become void at the expiration 
of five years from their respective dates; and, upon the expiration of 
any commission, the same may, if necessary, be renewed, or another 
person appointed, as shall most conduce to the well-being of the state. — 
A. H., Part 2, Art. 74. 

1. There may be elected under this constitution two. and not more 
than five, justice's of the peace in each of the townships of the several 
counties of this stale, and in each of the wards, in cities that may 
vote in wards. When a township or ward contains two thousand in- 
habitants or less, it may have two justices; when it contains more than 
two thousand inhabitants, and not more than four thousand, it may 
have four justices; and when it contains more than four thousand in- 
habitants, it may have five justices: Provided, That whenever any town- 
ship not voting in wards contains more than seven thousand inhabi- 
tants, such township may have an additional justice for each additional 
three thousand Inhabitants above four thousand. — A'. •/. <1S44), Art. 
<;. Sec. 7. CI. 1. 

8. dustices of the peace shall be elected by ballot at the annual 
meetings of the townships in the several counties of the state, and 
of the wards in cities that may vote 1 in wards, in such manner and 
under such regulations as may he hereafter provided by law. 

They shall be commissioned for the county, and their commissions 



177 

shall bear date and take effed on the lirsi day of .May next after their 
election. 

They shall hold their officios for live years; 1ml when elected to nil 
vacancies, they shall hold for the unexpired term only: Provided, That 
The commission of any justice of the peace shall become vacant upon his 
ceasing to reside in the township in which he was elected. 

The first election for * justices of the peace shall take place at the 
next annual town-meetings of the townships in the several counties of 
the state, and of the wards in cities that may vole in wards. — N. ■/. 
(1844), Art. 7. See 2, CI. 8. 

Sec. 17. The electors of the several towns shall, at their annual 
town meetings, or at such other time and in such manner as the legis- 
lature may direct, elect justices of the peace, whose term of office 
shall be four years. In case of an election to fill a vacancy occurring 
before the expiration of a full term, they shall hold for the residue of 
the unexpired term. Their number and classification may be regulated 
by law. Justices of the peace and judges or justices of inferior courts 
not of record, and their clerks may be removed for cause, after due 
notice and an opportunity of being heard, by such courts as are or 
may be prescribed by law. Justices of the peace and district court 
justices may be elected in the different cities of this state in such man- 
ner, and with such powers, and for such terms, respectively, as are or 
shall be prescribed by law; all other judicial officers in cities, whose 
election or appointment is not otherwise provided for in this article, 
shall be chosen by the electors of such cities, or appointed bv the 
local authorities thereof.— iV\ Y. (1894), Art. 6. 

Sec. 28. When the office of justice of the peace shall become vacant 
otherwise than by expiration of the term, and in case of a failure by 
the voters of any district to elect, the clerk of the superior court for 
the countv shall appoint to fill the vacancv for the unexpired term. — 
2V T . C. (1875), Art. 1. 

Sec. 11. The governor shall appoint a sufficient number of justices of 
the peace in each county, who shall hold their places until sections four, 
five and six of this article shall have been carried into effect. — N. C. 
(1875), Art. 7. 

Sec. 112. The legislative assembly shall provide by law r for the elec- 
tion of justices of the peace in each organized county within the state. 
But the number of said justices to be elected in each organized county 
shall be limited by law to such a number as shall be necessary for the 
the proper administration of justice. The justices of the peace herein 
provided for shall have concurrent jurisdiction with the district court 
in all civil actions when the amount in controversy, exclusive of costs, 
does not exceed two hundred dollars, and in counties w r here no county 
court with criminal jurisdiction exists they shall have such jurisdic- 
tion to hear and determine cases of misdemeanor as may be provided 
by law, but in no case shall said justices of the peace have jurisdic- 
tion when the boundaries of or title to real estate shall come in ques- 
tion. The legislative assembly shall have power to abolish the office 
23— Jud. Dept. 



178 

of justice 1 of the peace and confer that jurisdiction upon judges of 
county courts or elsewhere. — N. Dak. (1889), Art. 4. 

Sec. L13. The legislative assembly shall provide by law lor the 
election of police magistrates in cities, incorporated towns, and villages, 
who in addition to their jurisdiction of all cases arising under the 
ordinances of said cities, towns and villages, shall be ex-officio justices of 
the peace of the county in which said cities, towns and villages may 
be located. And the legislative assembly may confer upon said police 
magistrates the jurisdiction to hear, try and determine all cases of 
misdemeanors, and the prosecutions therein shall be by information. — 
N. Dal: (1889), Art. 4. 

Sec. 9. A competent number of justices of the peace shall be elected, 
by the electors, in each township in the several counties. Their term of 
office shall be three years, and their powers and duties shall be regulated 
by law.— OUo (1851), Art. 4. 

Stc. 18. The office of justice of the peace is hereby created, and, until 
otherwise provided by law, courts of justices of the peace shall have, 
co-extensive with the county, jurisdiction as examining the committing 
magistrates in all felony cases, and shall have jurisdiction, concurrent 
with the county court, in civil cases where the amount involved does 
not exceed two hundred dollars, exclusive of interest and costs, and 
concurrent jurisdiction with the county court in all misdemeanor cases 
in which the punishment does not exceed a fine of two hundred dollars 
or imprisonment in the county jail for not exceeding thirty days, or 
both such fine and imprisonment; but justices of the peace shall in no 
event have jurisdiction in actions for libel and slander. Until other- 
wise provided by law, appeals shall be allowed from judgments of the 
court of justices of the peace in all civil cases to the county court 
to the manner now provided by the laws of the territory of Oklahoma 
governing appeals from the courts of justices of the peace to the dis- 
trict court. In cities of more than two thousand and five hundred in- 
habitants, two justices of the peace shall be elected. — Ohla. (1907), 
Art. 7. 

Sec. 11. Except as otherwise provided in this constitution, justices 
of the peace or aldermen, shall be elected in the several wards, districts, 
boroughs and townships at the time of the election of constables, by 
the qualified electors thereof, in such manner as shall be directed by 
law. and shall be commissioned by the governor for a term of live years. 
No township, ward, district or borough shall elect more than two 
justices of the peace, or aldermen, .without the consent of a majority 
of the qualified electors within such township, ward or borough; no 
person shall be elected to such office unless he shall have resided within 
the township, borough, ward or district for one year next preceding 
his election. Jn cities containing over fifty thousand inhabitants, not 
more than one alderman shall be elected in each ward or district. — 
Pa. i 1873), Art. 5. 

Sec. L2. In Philadelphia there shall be established, for each thirty 



179 

thousand inhabitants, one court, not of record, of police and civil causes, 
with jurisdiction not exceeding one hundred dollars; such courts shall 
be held by magistrates whose term of office shall be five years, and 
they shall be elected on general ticket by the qualified voters at large; 
and in the election of said magistrates, no voter shall vote for more 
than two-thirds of the number of persons to be elected when more 
than one are to be chosen ; they shall be compensated only by fixed 
salaries to be paid by said county and shall exercise such jurisdiction, 
civil and criminal, except as herein provided, as is now exercised by 
aldermen, subject to such changes, not involving an increase of civil 
jurisdiction, or conferring- political duties as may be made by law. In 
Philadelphia the office of alderman is abolished.— Pa. (1873), Art. 5. 

Sec. 13. All fees, fines and penalties in said courts shall be paid 
into the county treasury. — Pa. (1873), Art. 5. 

Sec. 7. The towns of New Shoreham and Jamestown may continue 
to elect their wardens as heretofore. The other towns and the city 
of Providence may elect such number of justices of the peace, resident 
therein, as they may deem proper. The jurisdiction of said justices 
and wardens shall be regulated by law. The justices shall be commis- 
sioned by the governor.— R. I. (i842). Art. 10. 

Sec. 20. A sufficient number of magistrates shall be appointed 
and commissioned by the governor, by and with the advice and consent 
of the senate, for each county, who shall hold their offices for the term 
of two years and until their successors are appointed and qualified. 
Each magistrate shall have the power, under such regulations as may 
now or hereafter be provided by law, to appoint one or more constables 
to execute writs and processes issued by him. The present trial jus- 
tices are declared magistrates as herein created, and shall exercise 
the powers and duties of said office of magistrate until their successors 
shall be appointed and qualified. Each magistrate shall receive a 
salary, to be fixed bv the general assembly, in lieu of all fees in crimi- 
nal cases.— 8. C. (1895), Art. 5. 

Sec. 22. Justices of' the peace shall have such jurisdiction as may 
be conferred by law, but they shall not have jurisdiction of any cause 
wherein the value of the property or the amount in controversy ex- 
ceeds the sum of one hundred dollars, or where the boundaries or 
title to real property shall be called in question. — 8. D. (1889), Art. 5. 

Sec. 23. The legislature shall have power to provide for creating 
such police magistrates for cities and towns as may be deemed from 
time to time necessary, who shall have jurisdiction of all cases arising 
under the ordinances of such cities and towns respectively and such 
police magistrates may also be constituted ex-officio justices of the peace 
for their respective counties. — S. D. (1889), Art. 5. 

Sec. 15. The different counties of this state shall be laid off, as the 
general assembly may direct, into districts of convenient size, so that the 
whole number in each countv shall not be more than twentv-five, or four 



180 

for every one hundred square miles. There shall be two justices of (he 
peace and one constable elected in each district, by the qualified voters 
therein, except districts including county towns, which shall elect three 
justices and two constables. The jurisdiction of said officers shall be 
co-extensive with the county. Justices of the peace shall be elected for 
the term of six. and constables for the term of two years. Upon re- 
moval of either of said officers from the district in which he was elected, 
his office shall become vacant from the time of such, removal. Justices 
of the peace shall be commissioned by the governor. The legislature shall 
have power to provide for the appointment of an additional number of 
justices of the peace in incorporated towns. — Tenn. (1870), Art: <",. . 

Sec. IS. Each organized county in the state, now or hereafter exist- 
ing, shall be divided from time to time, for the convenience of the people, 
into precincts, not less than tour and not more than eight. The presenl 
county courts shall make the first division. Subsequent divisions shall 
be made by the commissioners' court provided for by this constitution. 
In each such precinct there shall be elected, ai (Mich biennial election, 
one justice of the peace and one constable, each of whom shall hold his 
office for two years and until his successor shall be elected and qualified : 
Provided, That in any precinct in which there may be a city of eight 
thousand or more inhabitants, there shall be elected two justices of the 
peace. Each county shall in like manner be divided into four commis- 
sioners' precincts, in each of which there shall be elected by the qualified 
voters thereof one county commissioner, who shall hold his office for 
two years and until his successor shall be elected and qualified. The 
county commissioners so chosen, with the county judge as presiding offi- 
cer, shall compose the comity commissioner's court, which shall exercise 
such powers and jurisdiction over all county business as is conferred 
by this constitution and the laws of the state, or as may be hereafter 
prescribed. — Tex. (1875), Art. .1. 

Sec. S. The legislature shall determine the number of justices of the 
peace to be elected, and shall fix by law their powers, duties and com 
pensation. The jurisdiction of justices of the peace shall be as now pro- 
vided by law, but the legislature may restrict the same. — Utah (1896), 
Art. 8. ' 

Art. IS. Justices of the peace shall be elected by the freemen of their 
respective towns; and towns having less than one thousand inhabitants 
may elect any number of justices of tin 1 peace not exceeding five; towns 
having one thousand, and less than two thousand inhabitants, may elect 
seven; towns having two thousand and less than three thousand inhabi- 
tants, may elect ten; towns having three thousand and less than five 
thousand inhabitants, may elect twelve; and towns having live thousand 
or more, inhabitants, may elect fifteen justices of the peace. — 17. (1793), 
Ymdt. \r/. 18. 

Sec. ids. The general assembly shall provide for the appointment or 
election and for the jurisdiction of snch justices of the peace as the pub- 
lic interest mux require. — Va. (1902), Art. 6. 



1S1 

8 -. 10. The legislature shall determine the number qf justices of (he 
peace to 1h» elected in incorporated cities or towns and in precincts, and 
shall prescribe by law the powers, duties and jurisdiction of justices 
of the peace: Prodded. Thai such jurisdiction granted by the legislature 
shall not trench upon the jurisdiction of superior or other courts of 
record, except that justices of the peace may be made police justices of 
incorporated cities and towns. In incorporated cities or towns having 
more than five thousand inhabitants the justices of the peace shall re- 
ceive such salary as may be provided by law, and shall receive no fees 
for their own use.— Wash. (1889), Art. 4. 

Sec. 27. Each county shall be laid off into districts, not less than 
three or more than ten in number, and as nearly equal as may be in 
territory and population. There shall be elected in each district con- 
taining a population not exceeding twelve hundred, one justice of the 
peace, and if the population exceeds that number, two justices shall be 
elected therein. Every justice shall reside in the district for which he 
was elected and hold his office for the term of four years, unless sooner 
removed in the manner prescribed by law. The districts as they now 
exis r shall remain till changed by the county court. — TT\ Va. (1872), 
Art. 8. 

Sec. 15. The electors of the several towns, at their annual town meet- 
ing, and of the electors of cities and villages, at their charter elections, 
shall in such manner as the legislature may direct, elect justices of the 
peace, whose term of office shall be for two years, and until their suc- 
cessors in office shall be elected and qualified. In case of an election 
to fill a vacancy, occurring before the expiration of a full term, the jus- 
tice elected shall hold for the residue of the unexpired term. Their num- 
ber and classification shall be regulated by law. And the tenure of 
two years shall in no wise interfere with the classification in the first 
instance. The justices, thus elected, shall have such civil and criminal 
jurisdiction as shall be prescribed by law. — Wis. (1848), Art. 7. 

. 22. The legislature shall provide by law for the election of jus- 
tices of the peace in each organized county within the state. But the 
number of said justices to be elected in each organized county shall be 
limited by law to such number as shall be necessary for the proper ad- 
ministration of justice. The justices of the peace herein provided for 
shall have concurrent jurisdiction with the destrict court in all civil 
actions where the amount in controversy, exclusive of costs, does not ex- 
ceed two hundred dollars, and they shall have such jurisdiction to hear 
and determine cases of misdemeanor as may be provided by law, but 
in no case shall said justices of the peace have jurisdiction when the 
boundaries of or title to real estate shall come into question. — Wyo. 
(1889), Art. 5. Sec. 22. 



JURISDICTION OF JUSTICES. 

(90) Sec. 18. In civil cases, justices of the peace shall have exclusive 
jurisdiction to the amount of one hundred dollars, and concurrent juris- 



182 

diet ion to the amount of three hundred dollars, which unit/ be increased 
to five hundred dollars, with such exceptions and restrictions as may 
be provided by law. They shall have also such. criminal jurisdictions and 
perform such duties as shall bt prescribed by ih<' legislature. — Mich. 
i L850), Art. 6. 

Sec. 30. The justices of the peace of each county shall sit with and 
assisl the county judges in levying the county (axes, and in making ap- 
propriations for the expenses of the County in the manner to be. pre- 
scribed by law; and the county judge together with a majority of said 
justices, shall constitute a quorum for such purposes; and in the absence 
of the comity judge a majority of the justices of the peace may consti- 
tute the court, who shall elect one of their number to preside. The 
general assembly shall regulate by law the manner of compelling the at- 
tendance of such quorum. — Ark. (1874), Art. 7. 

Sec. 40. They shall have original jurisdiction in the following mat- 
ters: First, exclusive of the circuit court, in all matters of contract 
where the amount in controversy does not exceed the sum of one hun- 
dred dollars, excluding interest, and concurrent jurisdiction in matters 
of contract where the amount in controversy does not exceed the sum 
of three hundred dollars, exclusive of interest; second, concurrent juris- 
diction in suits for the recovery of personal property where the value 
of the property does not exceed the sum of three hundred dollars, and 
in all matters of damage to personal property where the amount in 
controversy does not exceed the sum of one hundred dollars; third, such 
jurisdiction of misdemeanors as is now, or may be, prescribed by law ; 
fourth, to sit as examining courts and commit, discharge or recognize 
offenders to the court having jurisdiction for further trial, and to bind 
persons to keep the peaee or for good behavior; fifth, for the foregoing- 
purposes they shall have power to issue all necessary process; sixth, 
they shall be conservators of the peace within their respective counties, 
provided a justice of the peace shall not Have jurisdiction where a lien 
on land or title or possession thereto is involved. — Ark. (1874)" Art. 7.. 

Sec. 42. Appeals may be taken from the final judgment of the jus- 
tices of the peace to the circuit courts under such regulations as are 
now, or may be, provided by law.-— Ark. (1874), Art. 7. 

Sec. 43. Corporation courts tor towns and cities may be invested with 
jurisdiction concurrenl with justices el' the peace in civil and crimi- 
nal matters, and I he general assembly may invest such of them as it 
may deem expedienl with jurisdiction of any criminal offenses not 
punishable by death or imprisonment in the penitentiary, with or with 
• -in indictment, as may be provided by law, and. until the general as- 
sembly shall otherwise provide, they shall have the jurisdiction now 
proi ided l>.\ law. • I rk. i L874), Art. 7. 

Sec. 25. Justices of the peace shall have suc*h jurisdiction as may 
he conferred by law; but they shall not have jurisdiction of any case 
wherein the value of the property or the amount in controversy 
the sum of three hundreds dollars, nor where the boundaries or title to 
peal property shall be called in question. Colo. (1876), Art. 6. 



183 

Sec. 30. The general assembly may by law give to any inferior courts 
by it established or to be established, or to one or more justices of the 
peace, jurisdiction of the criminal matters following, that is to say; 
assaults and batteries, keeping- without license a public house of enter- 
tainment, tavern, inn, ale house, ordinary or victualing- house, retail- 
ing or selling without license, or on Sunday, or to minors, wine, rum, 
brandy, gin, whiskey or spirituous or mixed liquors, contrary to law, 
carrying concealed a deadly weapon, disturbing meetings held for the 
purpose of religious worship, nuisances, and such other misdemeanors 
as the general assembly may from time to time, with the concurrence 
of two-thirds of all the members elected to each house prescribe. 

The general assembly may by law regulate this jurisdiction, and pro- 
vide that the proceedings shall be with or without indictment by grand 
jury, or trial by petit jury, and may grant or deny the privilege of 
appeal to the court of general sessions : Provided, however, That there 
shall be an appeal to the court of general sessions in all cases in which 
the sentence shall be imprisonment exceeding one month, or a fine ex- 
ceeding one hundred dollars. — Del. (1897), Art. 4. 

Sec. 22. The justices of the peace shall have jurisdiction in causes at 
law in which the demand or value of the property involved does not 
exceed flOO.OO and in which the cause of action accrued or the de- 
fendant resides in his district; and in such criminal cases, except felo- 
nies, as may be prescribed by law, and he shall have power to issue 
process for the arrest of all persons charged with felonies and misde- 
meanors not within his jurisdiction to try, and make the same returna- 
ble before himself or the county judge for examination, discharge, com- 
mitment or bail of the accused. Justices of the peace shall have the 
power to hold inquests of the dead. Appeal from justices of the peace 
courts in criminal cases may be tried de novo under such regulations 
as the legislature may prescribe. — Fla. (1885), Art. 5 (Amdt. 1896). 

Sec. 7. Par. 2. Justices of the peace shall have jurisdiction in all 
civil cases, arising ex contractu, and in cases of injury or damage to 
personal property, when the principal sum does not exceed one hundred 
dollars, and shall sit monthly at fixed times and places; but in all 
cases there may be an appeal to a jury in said court, or an appeal to 
the superior court, under such regulations as may be prescribed by law. 
—Ga. (1877), Art. 6. 

Sec. 1. The jurisdiction of justices of the peace shall extend to all 
civil cases (except cases in chancery, and cases, where the question of 
title to real estate may arise), where the amount in controversy does 
not does exceed one hundred dollars, and by the consent of parties may 
be extended to any amount, not exceeding three hundred dollars. — 
Iowa (1857), Art. 11. 

Sec. 21. Justices courts shall not have jurisdiction in any case in- 
volving the title or right of possession of real property, nor in cases of 
divorce, nor for annullment of marriage, nor of cases in equity; nor 
shall they have power to issue writs of habeas corpus, mandamus, cer- 
tiorari, quo warranto injunction, or prohibition, nor the power of mat- 



184 

uralization ; nor shall they have jurisdiction in cases of felony, except 
as examining courts; nor shall criminal cases in said courts be prose- 
cuted by indictment; bu1 said courts shall have such jurisdiction in 
criminal matters, not of the grade of felony, as may be provided by 
law; and slial I also have concurrent jurisdiction with the district courts. 
in cases of forcible entry and unlawful detainer. — Mont. (1889), Art. 8. 

. 22. Justices courts shall always be open for the transaction of 
business, except on legal holidavs and non-judicial days. — Mont. (1889), 
Art. 8. 

. 23. Appeals shall be allowed from justices' courts in all cases, 
to the district courts, in such manner and under such regulations as 
may be prescribed by law.— Mont. ( L889), Art. 8. 

Art. 70. The general court are empowered to give to justices of the 
peace jurisdiction in civil causes, when the damages demanded shall 
not exceed one hundred dollars, and title of real estate is not con- 
cerned, but with right of appeal to either party to some other court. — 
N. H., Part 2, Art. 76. 

Sec. 27. The several justices of the peace shall have jurisdiction, 
under such regulations as the general assembly shall prescribe, of civil 
actions, founded on contract, wherein the sum demanded shall not ex- 
ceed two hundred dollars, and wherein the title to real estate shall not 
be in controversy; and of all criminal matters arising within their conn- 
ties where the punishment cannot exceed a fine of fifty dollars or im- 
prisonmenl for thirty days. And the general assembly may give to 
just ires of the peace jurisdiction of other civil actions, where in the 
value of the property in controversy does not exceed fifty dollars. When 
an issue of fact shall be joined before a justice, on demand of either 
party thereto, he shall cause a jury of six men to be summonded, who 
shall try the same. The party against whom judgmenl shall be rendered 
in any civil action, may appeal to the superior court from the same. 
In all cases of a criminal nature, the party against whom the judgment is 
given may appeal to tin 1 superior court, where the matter shall be 
heard anew. in all cases brought before a justice, he shall make a 
record of the proceedings and tile same with the clerk of the superior 
courl of his county.— N. C. I L875), Art. 4. 

21. Magistrates shall have jurisdiction in such civil cases as 
the general assembly may prescribe: Provided, Such jurisdiction shall 
not extend l<> cases where the value of property in controversy, or the 
ml claimed, exceeds one hundred dollars, or to cases where tin 1 
'«» i'-;i I estate is in question, or to cases in chancery. They shall 
have exclusive jurisdiction in such criminal cases as the general assem- 
bly may prescribe: Provided, further. Such jurisdiction shall not extend 
ses where the punishmenl exceeds a tine of one hundred dollars 
or imprisonmenl for thirty days. In criminal mailers beyond their 
jurisdiction to try, they shall sil as examining courts, and commit, 
discharge or (except in capital rases I recognize persons charged with 
such offences, subjeel t<> such regulations as the general assembly may 



1S5 

provide. They shall also have the power to bind over to keep the peace and 
for good behavior for a time not to exceed twelve months. — X. G. (1895), 
Art. 5. 

See. 23. Every civil action cognizable by magistrates shall be brought: 
before a magistrate in the comity where the defendant resides, and every 
criminal action in the comity where the offence was committed. In 
all cases tried by them, the right of appeal shall be secured under such 
rules and regulations as may be provided by law : Provided, That in 
counties where magistrates have separate and exclusive territorial juris- 
diction, criminal causes shall be tried in the magistrate's district where 
the offence was committed, subject to such provision for change of venue 
from one magistrate's district to another in the same county as may 
be provided by the general assembly. — $. C. (1895), Art. 5. 

Sec. 19. Justices of the peace shall have jurisdiction in criminal 
matters of all cases where the penalty or fine to be imposed by law may 
not be more than for two hundred dollars, and in civil matters of all 
cases where the amount in controversy is two hundred dollars or less, 
exclusive of interest, of which exclusive original jurisdiction is not 
given to the district or count,y courts; and such other jurisdiction, 
criminal and civil, as may be provided by Jaw, under such regulations 
as may be prescribed by law; and appeals to the county courts shall be 
allowed in all cases decided in justices' courts where the judgment is for 
more than twenty dollars, exclusive of costs, and in all criminal cases, 
under such regulations as may be prescribed by law. And the justices 
of the peace shall be ex officio notaries of public; and they shall hold 
their courts at such times and places as may be provided by law, — 
— Tcr. (1875), Art. 5. 

Sec. 28. The civil jurisdiction of a justice of the peace shall extend to 
the actions of assumpsit, debt, detinue and trover, if the amount claimed, 
exclusive of interest, does not exceed thre hundred dollars. The jurisdic- 
tion of justices of the peace shall extend throughout their county ; they 
shall be conservators of the peace and have such jurisdiction and powers 
in criminal cases as may be prescribed by law. And justices of the peace 
shall have authority to take the acknowledgment of deeds and other writ- 
ings ; administer oaths ; and take and certify depositions. And the legis- 
lature may give to justices such additional civil jurisdiction and powers 
within their respective counties as may be deemed expedient, under such 
regulations and restriction as may be prescribed by general law, except 
that in suits to recover money or damages their jurisdiction and powers 
shall in no case exceed three hundred dollars. Appeals shall be allowed 
from judgments of justices of the peace in such manner as mav be pre- 
scribed by law.— W. Va. (1872). Art. 8. 

Sec. 23. Appeals shall lie from the final decisions of justices of the 
peace and police magistrates in such cases and pursuant to such regula- 
tions as may be prescribed by law. — Wyo. (1889), Art. 5. 
24— Jud. Dept. 



186 

CONSERVATORS OF THE PEACE. 

(91 1 Sec. L9. Judges of the supreme court, circuit judges and jus- 
tices of the pence shall be conservators of the peace within their respec- 
tive jurisdiction. -Midi. (1850), Art. 6. 

Sec. 157. All judicial officers within their respective jurisdictions 
shall, bv virtue of their offices, be conservators of the peace. — Ala. 
(1901). ', I rt. 6. 

Sec. 1. The chancellor, judges and attorney general shall be con- 
servators of the peace throughout the state ; and the sheriffs and coroners 
shall be conservators of the peace within the counties respectively in 
which they reside. — Del (1897), Art. 15. 

Sec. 36. All judicial officers in this state shall be conservators of the 
peace.— Fla. (1885), Art. 5. 

Sec. 15. All judicial officers shall be conservators of the peace in 
their respective jurisdictions. — Ind. (1851), Art. 7. 

Sec. 7. The judges of the supreme and district courts shall be con- 
servators of the peace throughout the state. — Iotca (1857), Art. 5. 

Art. 90. All judges by virtue of their office, shall be conservators of 
the peace throughout the state. The style of all process shall be "The 
state of Louisiana." All prosecutions shall be carried on in the name 
and by the authority of the state of Louisiana, and conclude: "'Against 
the peace and dignity of the same.'' — La. (1898). Art. 90. 

Sec. 6. All judges shall, by virtue of their offices be conservators of 
the peace throughout the state; and no fees, or perquisites, commission 
or reward of any kind, shall be allowed to any judge in this state, be- 
sides his annual salary, for the discharge of any judicial dutv. — Md. 
(1867,. Art. 4. 

Sec. 167. All civil officers shall be conservators of The peace, and 
shall be by Law vested with ample power as such. — Miss. (1890), Art. 6. 

R . 11. All vacancies in the supreme court or inferior tribunals 
shall be filled by elections as herein prescribed: Provided, That if 'the 
unexpired term does not exceed one year such vacancy may be filled 
l>\ executive appointment. All judges, by virtue of their office, shall 
iervators of the peace throughout the stale: and when a vacancy 
is " :>'!] by either appointment or election, the incumbent shall hold 
on!\ for the unexpired term of his predecessor.— $. C. (1895), Art. 5. 

S< . L2. All judges of courts of this stale [shall], by virtue of their 

office, be conservators of the peace throughout the state. The style 

of ail writs and process shall be. -The slate of Texas." All prosecu- 

shall he carried on in the uame and bv authority of the state of 



187 

Texas, and shall conclude "against the peace and dignity of the state.*' 
—Tex. (1875). Art. 5 (Amdt.). 

Sec. 21. Judges of the supreme court, district courts, and justices 
of the peace, shall be conservators of the peace, and may bold prelimi- 
nary examinations in cases of felony. — Utah (1896), Art. S. 

Sec. 7. The president of the county court and every justice and con- 
stable shall be a conservator of the peace throughout his county. — W. 
To. (1872), Art. 9. 

Sec. 19. All judges of courts of this state, and justices of the peace, 
shall, by virtue of their office, be conservators of the peace throughout 
the state. 

The style of all writs and processes shall be "The State of Oklahoma." 
All prosecutions shall be carried on in the name and by the authority of 
the state of Oklahoma. All indictments, informations and complaints 
shall conclude, "Against the peace and dignitv of the state." — Okla. 
(1907), Art. 7. 

ELECTION, APPOINTMENT AND TEPvMS OF JUDGES. 

(92) Sec. 20. The first election of judges of the circuit courts shall 
he held on the first Monday in April, one thousand eight hundred and 
fifty-one, and every sixth year thereafter. Whenever an additional cir- 
cuit is created, provision shall be made to hold the subsequent election 
of such additional judge at the regular elections herein provided. — Mich. 
(1850), Art. 6. 

Sec. 152. The chief justice and associate justices of the supreme court, 
judges of the circuit courts, judges of the probate courts, and chancellors 
shall be elected by the qualified electors of the state, circuits, counties 
and chancery divisions, for which such courts may be established, at 
such times as may be prescribed bv law, except as herein otherwise pro- 
vided.— Ala. (1901), Art. 6. 

Sec. 153. The judges of such inferior courts of law and equity as may 
be by law established, shall be elected or appointed in such mode as 
the legislature may prescribe. — A hi. 1901), Art. 6. 

Sec. 156. The chief justice and associate justices of the supreme court 
shall be chosen at an election to be held at the time and places fixed 
by law for the election of members of the house of representatives of 
the congress of the United States, until the legislature shall by law 
change the time of holding such election. The term of office of the chief 
justice., who shall be elected in the year nineteen hundred and four, 
shall be as provided in the last preceding section. The successors of two 
of the associate justices elected in the year nineteen hundred and four 
shall be elected in the year nineten hundred and six, and the succes- 
sors of the other two associate justices elected in nineteen hundred four, 
shall be elected in the year nineteen hundred and eight. The associate 
justices of said court elected in the vear ninteen hundred and four 



1S8 

shall draw or east lots among themselves to determine which of them 
shall hold office for the terms ending, respectively, in the years nineteen 
hundred and six and nineteen hundred and eight, and until their re- 
spective successors arc elected or appointed and qualified. The result 
of such determination shall be certified to the governor by such asso 
ciate justices, or a majority of them, prior to the first day of .January, 
nineteen hundred and five, and such certificate shall be entered upon 
the minutes of the court. In the event of the failure of said associate 
justices to make and certify such determination, the governor shall 
designate 1 the terms for which they shall respectively hold office, as al>ov r e 
provided, and shall issue his proclamation accordingly. In the event of 
an increase or reduction by law of the number of associate justice of 
the supreme court, the legislature shall, as nearly as may be, provide for 
the election each second year, of one-third of the members of said court. 
—Ala. (1901), Art. 6. 

Sec. 159. Whenever any now circuit or chancery division is created, 
the judge or chancellor therefor shall be elected at the next general 
election for any state officer for a term to expire at the next general 
election for circuit judge and chancellor: Provided, That if said new 
circuit or chancery division is created more than six months before 
such general election for any state officer, the governor shall appoint 
some one as judge or chancellor, as the case may be, to hold the office 
until such election.— Ala. (1901), Art. (>. 

Sec. 3. The chief justice and the associate justices shall be elected 
by the qualified electors of the state at large at the general state elec- 
tions, at the time and places at which state officers are elected; and. the 
term of office shall be twelve years from and after the first Monday after 
the first day of January next suceeding their election: Provided, That 
the six associate justices elected at the first election shall, at their first 
meeting, so classify themselves, by lot, that two of them shall go out of 
office at the end of four years, two of them at the end of eight years, 
and two of them at the end of twelve years, and an entry of such classi- 
fication shall be made in the minutes of the court in bank, signed by 
them, and a duplicate thereof shall be filed in the office of the secretary 
of state 1 . Tf a vacancy occur in the office of a justice, the governor shall 
appoint a person to hold the office until the election and qualification of 
a justice to till the vacancy, which election shall take place at the next 
succeeding general election, and the justice so elected shall hold the office 
for the remainder of the unexpired term. The tirst election of the jus- 
tices shall be at the tirst genera] election after the adoption and ratifica- 
tion of this constitution.— Cal. (1880)., Art. (>. 

Sec ir>. The judges of i la 1 districi court tirst elected shall be chosen 
al the tirst general election. Tin 1 general assembly may provide that, 
after tin 1 year eighteen hundred and seventy-eight", tin 1 election of the 
judges of Hi-' supreme, district, and county courts, and the district at- 
torneys, or any of them, shall be on a different day from that on which 
an election is held for any other purpose, and for that purpose may 
extend or abridge the term of office of any such officers then holding, 
but not in any case more than six months. Until otherwise 1 provided 



189 

bx law such officers shall be elected at the time of holding the general 
elei tions. The terms of office of all judges of the district court elected 
in the several districts throughout the state, shall expire on the same 
day; and the terms of office of the district attorneys elected in the 
several districts throughout the state shall, in like manner, expire on 
the same day. — Colo. (1876), Art. 6. 

Sec. 3. The judges of the supreme court of errors, of the superior and 
inferior courts, and all justices of the peace, shall be appointed by 
the general assembly, in such manner as shall by law be prescribed. 
The judges of the supreme court and the superior court shall hold their 
offices during good behavior, but may be removed by impeachment; and 
the governor shall also remove them on the address of two-thirds of 
the members of each house of the general assembly; all other judges 
and justices of the peace shall be appointed annually. No judge or 
justice of the peace shall be capable of holding his office after he shall 
arrive at the age of seventy years. — Conn. (1818), Art. 5. 

Art. 26. The judges of the supreme court of errors and of the superior 
court shall, upon nomination of the governor, be appointed by the gen- 
eral assembly, in such manner as shall by law be prescribed. — Conn. 
(1818), Amdt, Art. 26. 

Art. 20. Judges of the courts of common pleas and of the district 
courts shall be appointed for terms of four years. Judges of the city 
courts and police courts shall be appointed for terms of two years. — 
1818). Amend, Art. 20. 

Sec. 3. Par. 3. The terms of the judges to be elected under the con- 
stitution (except to fill vacancies) shall begin on the first day of Janu- 
ary, after their elections. But if the time for the meeting of the gen- 
eral assembly shall be changed, the general assembly may change the 
time when the terms of judges thereafter elected shall begin. — Ga. (1877), 
Art. 6. 

See. 12. Par. 1. The judges of the supreme and superior courts 
and solicitors-general shall be elected by the general assembly, in joint 
session, on such day or days as shall be fixed by joint resolution of 
both houses. At the session of the general assembly which is held next 
before the expiration of the terms of the present incumbents, as provided 
in this constitution, their successors shall be chosen ; and the same 
shall apply to the election of those who shall succeed them. Vacancies 
occasioned by death, resignation or other cause shall be filled by ap- 
pointment of the governor, until the general assembly shall convene, 
when an election shall be held to fill the unexpired portion of the 
vacant terms. — Ga. (1877). Art. 6. 

Sec. 6. At the time of voting on the adoption of this constitution, 
one judge of the supreme court shall be elected by the electors thereof, 
in each of said districts numbered two, three, six and seven, who shall 
hold his office for the term of nine years from the first Monday of 
June, in the year of our Lord one thousand eight hundred and seventy. 



190 

The term of office of judges of the supreme court, elected after the 
adoption of this constitution, shall be nine years; and on the first Mon- 
day of June of the year in which the term of any of the judges in 
office a1 the adoption of this constitution, or of the judges then elected, 
shall expire, and every nine years thereafter, there shall be an election 
for the successor or successors of such judges in the respective districts 
wherein the term of such judges shall expire. The chief justice shall 
continue to act as such until the expiration of the term for which he 
was elected, after which the judges shall choose one of their number 
chief justice.— III. (1870), Art. 6. 

Sec. 11. The judges of the supreme and districts courts shall be 
chosen at the general election; and the term of office of each judge 
shall commence on the first day of January next after his election. — 
Iowa i L857), Art. 5. 

Sec. 12. All judicial officers shall hold their offices until their suc- 
cessors shall have qualified. — Kan. (1859), Art. 3. 

Sec. 115. The present judges of the court of appeals shall hold their 
offices until their respective terms expire, and until their several suc- 
cessors shall be qualified; and at the regular election next preceding 
the expiration of the term of each of the present judges, his successor 
shall be elected. The general assembly shall, before the regular elec- 
tion in eighteen hundred and ninety-four, provide for the election of 
such judges of the court of appeals, not -less than five nor exceeding 
seven, as may be necessary; and if less than seven judges be provided 
for, the general assemblv may, at anv time, increase the number to 
seven.— Ky. (1891), Sec. 115. 

Sec. 129. The general assembly shall, at the same time the judicial 
districts are laid off, direct elections to be held in each districi to 
elect a judge therein. The first election of judges of the circuit courts 
under this constitution shall take place at the annual election in the 
year eighteen hundred and ninety-two, and the judges then elected shall 
enter upon the discharge of the duties of their respective offices on the 
first Monday in January after their election, and hold their offices five 
years, and until their successors are elected and qualified. At the 
general election in eighteen hundred and ninety-seven, and every six 
years thereafter, there shall be an election of judges of the circuit courts, 
who shall hold their offices for six years from the first Monday in Janu- 
ary succeeding their election. They shall be commissioned by the 
governor, and continue in office until their successors shall have been 
qualified, but shall be removable in the same manner as the judges of 
the <-ourt of appeals. The removal of a judge from his district shall 
vacate his office. hi/. I L891), Sec. 129. 

Sec. 4. All judicial officers now in office or who may be hereafter ap- 
pointed shall, from ami after the tirst day of March in the year eighteen 
hundred and forty, hold their offices for the term of seven years from 
the time of their respective appointments, (unless sooner removed by 
impeachment or by address of both blanches of the legislature to the 



191 

executive) and no longer unless re-appointed thereto. \h. (1819), 
Art. 6. 

Sec. 8. Judges of municipal and police courts shall lie appointed by 
the executive power, in the same manner as other judicial officers, and 
shall hold their offices for the term of four years: Provided, how 
That the present incumbents shall hold their offices for the term for 
which they were elected.— Me. (1810), Art. <;. 

Sec. 3. The judges of the said several courts shall be elected in the 
counties by the qualified voters iu their respective judicial circuits as 
hereinafter provided, at the general election to be held on the Tuesday 
after the first Monday in November next, and in the city of Baltimore, 
on the fourth Wednesday of October next. Each of the said judges 
shall hold his office for the term of fifteen years from the time of his 
election, and until his successor is elected and qualified, or until he 
shall have attained the age of seventy years, whichever may first hap- 
pen, and be re-eligible thereto until he shall have attained the age of 
seventy years, and not after; but in case of any judge who shall attain 
the age of seventy years whilst in office, such judge may be continued 
in office by the general assembly for such further time as they may 
think fit, not to exceed the term for which he was elected, by a resolu- 
tion to be passed at the session next preceding his attaining said 
age. In case of the inability of any of said judges to discharge his 
duties with efficiency, by reason of continued sickness, or of physical 
or mental infirmity, it shall be in the power of the general assembly, 
two-thirds of the members of each house concurring, with the approval 
of the governor, to retire said judge from office. — Md. (1867), Art. 4. 

See. 11. The election for judges hereinbefore provided, and all elec- 
tions for clerks, registers of wills and other officers provided in this 
constitution, except state's attorney, shall be certified, and the returns 
made by the clerks of the circuit courts of the counties, and the clerks 
of the superior courts of Baltimore City, respectively, to the governor, 
who shall issue commissions to the different persons for the offices to 
which they shall have been, respectively, elected; and in all such elec- 
tions the person having the greatest number of votes shall be declared 
elected.— Md. (1867), Art. 4. 

Sec. 12. If in any case of election for judges, clerks of the courts 
of law, and register of wills, the opposing candidates shall have an 
equal number of votes, it shall be the duty of the governor to order 
a new election; and in case of any contested election the governor shall 
send the returns to the house of delegates, which shall judge of the 
election and qualification of the candidates at such election, and if 
the judgment shall be against the one who has been returned elected, 
or the one who has been commissioned by the governor, the house of 
delegates shall order a new election within thirty days. — Md. (1867), 
Art. 4. 

Art. 29. It is essential to the preservation of the rights of every 
individual, his life, liberty, property, and character, that there be an 



192 

impartial interpretation of the laws, and administration of justice. 
It is the right of every citizen in be tried by judges as free, impartial, 
and independent as the lot of humanity will admit. It is. therefore, 
not only the best policy, bat lor the security of the rights of the people, 
and <>f every citizen, thai the judges of the supreme judicial couri 

d hold their offices as long as they behave themselves well; and 
that they should have honorable salaries ascertained and established 

anding laws. — Mass. ilS70>. Part 1. Art. 29. 

- . !». All judges other than those provided for in this constitu- 
tion shall be elected by the electors of the judicial district, county, or 
city, for which they shall be created, not for a longer term than seven 
years. — Uiim. (1857), Art. G. 

Sec. 2(>. The judges of the supreme court, circuit courts and county 
courts shall be chosen at the first election held under the provisions of 
this constitution, and thereafter as provided by law, and the legisla- 
ture may provide for the election of such officers on a different day 
from that on which an election is held for any other purpose, and 
may for the purpose of making such provision extend or abridge the 
term of office for any of such judges then holding, but not in any case 
more than six months. The term of office of all judges of circuit courts, 
elected in the several judicial circuits throughout I lie state, shall ex- 
n the same day.— S. D. (1889), Art. 5. 

Se< . 153. The judges of the circuit courts and of the chancery courts 
shall be appointed by the governor, with the advice and consent of the 
senate, and shall hold their offices for the term of four vears. — Miss. 
(1890). Art. (i. 

Se< . 7. The full terms of the judges of the supreme conn shall coni- 

ce on the first day of January next ensuing their election, and those 

elected to till any vacancy shall also enter upon the discharge of their 

duties on the first day of January next ensuing such election. Those 

anted shall enter upon the dicharge of their duties as soon as 

qualified.— Mo. (1875), Art. 6, Sec. 7. 

S< c. 8. The present judges of the supreme court shall remain in 
office until the expiration of their respective terms of office. To fill their 
places as their terms expire, one judge shall be elected at the general 
election in eighteen hundred and seventy-six, and one everv two vears 
thereafter.— Mo. (1875>, Art. 6. 

« 

Sec. 25. The judges of the circuit court shall be elected by the qualified 
voters of each circuit; shall hold their offices for the term of six years, 
and shall reside in and be conservators of the peace within their re- 
spective circuits. — Mo. (1875), Art. 6. 

Sec. -'><>. The election of judges of all courts of record shall be held 
as is or may be provided by law, and in case of a tie or contested election 
between the candidates, the same shall be determined as prescribed bv 
law.— Mr. > L875), Art. <;. 



193 

Sec -. Upon the adoption of this amendment, the governor shall ap- 
point two additional judges of the supreme court, who shall hold their 
offices until the first Monday in January, 1893, and at the general election 
in the year IS!)!* their successors shall be elected, who shall hold their 
offices for the term of ten years, as other judges of the supreme court. 
The two judges appointed by the governor, together with the judge 
elected at the general election in the year 1890, shall constitute division 
number two. and the remaining judges shall constitute division number 
one. The court shall elect its chief justice and each division a presiding 
judge thereof. — Mo. (1875), Amdt. 

Sec. G. The justices of the supreme court shall be elected by electors 
of the state at large, as hereinafter provided. — Mont. (1889), Art. 8. 

Sec. 7. The term of office of the justices of the supreme court, except 
as in this constitution otherwise provided, shall be six vears. — Mont. 
(1889), Art. 8. 

Sec. 8. There shall be elected at the first general election, provided 
for by this constitution, one chief justice and two associate justices of 
the supreme court. At said first election the chief justice shall be 
elected to hold his office until the general election in the year one thou- 
sand eight hundred ninety-two (1892), and one of the associate judges 
justices to hold his office until the general election in the year one thou- 
sand eight hundred ninety-four (1894), as the other associate justice to 
hold his office until the general election in the year one thousand eight 
hundred ninety-six (1896), and each shall hold until his successor is 
elected and qualified. The terms of office of said justices, and which 
one shall be chief justice, shall at the first and all subsequent elections 
be designated by ballot. After said first election one chief justice or one 
associate justice shall be elected at the general election every two years, 
commencing in the year one thousand eight hundred ninety-two (1892), 
and if the legislative assembly shall increase the number of justices to 
five, the first terms of office of such additional justices shall be fixed by 
law in such manner that at least one of the five justices shall be elected 
every two years. The chief justice shall preside at all sessions of the 
supreme court, and in case of his absence, the associate justice having 
the shortest term to serve shall preside in his stead. — Mont. (1889), Art. 
8. 

Sec. 4. The judges of the supreme court shall be elected by the 
electors of the state at large; and their terms of office, except of those 
chosen at the first election, as hereinafter provided, shall be six vears. 
—Neb. (1875), Art. 6. 

Sec. 3. The justices of the supreme court shall be elected by the 
qualified electors of the state at the general election, and shall hold office 
for the term of six years from and including the first Monday of Janu- 
ary next succeeding their election : Provided, That there shall be elected, 
at the first election under this constitution, three justices of the supreme 
court, who shall hold office from and including the first Monday of De- 
cember, A. D. eighteen hundred sixty-four, and continue in office there- 
25— Jud. Dept. 



194 

after two, lour and six years, respectively, from and including the first 
.Monday of January nexl succeeding their election. They shall meet as 
soon ;is practicable after their election and qualification, and at their 
lirst meeting shall determine, by lot, the term of office each shall fill, 
and the justice drawing the shortest term shall be chief justice, and 
after the expiration of his term, the one having the next shortest term 
shall he chief justice, alter which the s<*nior justice in commission shall 
he chief justice 1 , and in case the commission of any two or more of said 
justices shall bear the same date, they shall determine by lot who shall 
be chief justice.— Nev. (1864), Art. 6. 

Art. 35. It is essential to the preservation of the rights of every indi- 
vidual, his life, liberty, property, and character, that there be an im- 
partial interpretation of the laws and administration of justice. It is 
the ri«ht of every citizen to be tried by judges as impartial as the lot of 
humanity will admit. It is, therefore, not only the best policy, but for 
the security of the rights of the people, that the judges of the supreme 
judicial court should hold their offices so long as they behave well, sub- 
ject, however, to such limitations on account of age as may be provided 
by the constitution of the state; and that they should have honorable 
salaries, ascertained and established by standing law. — N. E., Part 1, 
Art. 35. 

1. There shall be no more than five judges of the inferior court of 
common pleas in each of the counties in this state, after the terms of the 
judges of said court noAV in office shall terminate. One judge for each 
county shall be appointed every year, and no more except to fill va- 
cancies, which shall be. for the unexpired term onlv. — N. J. (1844), 
Art. G, Sec. 6, 07. 1. 

2. The commissions for the first appointment of judges of said court 
shall bear date and take effect on the first day of April next; and all 
subsequent commissions for judges of said court shall bear date and take 
effect on the first day of April in every successive year, except commis- 
sions to fill vacancies, which shall bear date and take effect when issued. — 
.V. ./. i L844), .1//. 6, Sec. C>, CI. 2. 

1. Justices of the supreme court, chancellor, judges of the court of 
errors and appeals and judges of the inferior court of common pleas 
shall be nominated by the governor, and appointed by him, with the 
advice and consent of the senate. 

The justices of the supreme court and chancellor shall hold their offices 
for the term of seven years; shall, at stated times, receive for their 
services a compensation which shall not be diminished during the term of 
their appointments; and they hold no other office under the govern- 
nieni of this state of the United States.— A'. J. (1844), Art'. 7, Sec. 2, 
('I. 1. 

2. Judges of the courts of common pleas shall be appointed by the 
senate and general assembly, in joint meeting. 

They shall hold their offices for live years; but when appointed to fill 



105 

vacancies, they shall hold for the unexpired term only. — y. J. (1844), 
Art. 7. Sec. 2, CI. 2. 

Sec. 21. The justices of the supreme court shall be elected by the 
qualified voters of the state, as is provided for the election of members 
of the general assembly. They shall hold their offices for eight years. 
The judges of the superior courts, elected at the first election under 
this amendment, shall be elected in like manner as is provided for jus- 
tices of the supreme court, and shall hold their offices for eight years. 
The general assembly may, from time to time, provide by law that the 
judges of the superior courts, chosen at succeeding elections, instead of 
being elected by the voters of the whole state, as is herein provided for, 
shall be elected by the voters of their respective districts. — N. C. (1875), 
Art. 4. 

Sec. 30. In case the general assembly shall establish other courts 
inferior to the supreme court, the presiding officers and clerks thereof 
shall be elected in such manner as the general assembly may from time 
to time prescribe, and they shall hold their offices for a term not exceed- 
ing eight years. — N. C. (1875), Art. 4. 

Sec. 90. The judges of the supreme court shall be elected by the quali- 
fied electors of the state at large, and except as may be otherwise provided 
herein for the first election for judges under this constitution, said judges 
shall be elected at general elections. — N. Dak. (1889), Art. 4. 

Sec. 10. All judges, other than those provided for in this constitution, 
shall be elected by the electors of the judicial district for which they 
may be created, but not for a longer term of office than five years. — Ohio 
(1851), Art, 4. 

Sec. 12. The judges of the courts of common pleas shall, while in 
office, reside in the district for which they .are elected; and their term of 
office shall be for five years. — Ohio (1851), Art. 4. 

Sec. 4. The judges of the supreme court shall be elected by the two 
houses in grand committee. Each judge shall hold his office until his 
place be declared vacant by a resolution of the general assembly to that 
effect; which resolution shall be voted for by a majority of all the mem- 
bers elected to the house in which it may originate and be concurred 
in by the same majority of the other house. Such resolution shall not be 
entertained at any other than the annual session for the election of 
public officers; and in default of the passage thereof at said session, the 
judge shall hold his place as is herein provided. But a judge of any 
court shall be removed from office if, upon impeachment, he shall be 
found guilty of any official misdemeanor. — R. I. (1842), Art. 10. 

Sec. 36. All judges or other officers of the supreme, circuit or county 
courts provided for in this article shall hold their offices until their suc- 
cessors respectively are elected or appointed and qualified. — S. D. (1889), 
Art. 5. 



196 

Sec. 4. The judges of the circuit and chancery courts,. and of other 
inferior courts, shall be elected by the qualified voters of the district 
or circuit to which they are to be assigned. Every judge of such courts 
shall be thirty years of age, and shall, before his election, have been a 
resident of the state for five years, and of the circuit or district one year. 
His term of service shall be eight years. — Term. (1870), Art. 6. 

Sec. 102. All the judges shall be commissioned by the governor. They 
shall receive such salaries and allowances as may be determined by law 
within the limitations fixed by this constitution, the amount of which 
shall not be increased or diminished during their terms of office. Their 
terms of office shall commence on the first day of February next follow- 
ing their election, and whenever a vacancy occurs in the office of judge, 
his successor shall be elected for the unexpired term. — Va. (1902), 
Art. 6. 

Sec. 7. For each circuit there shall be chosen by the qualified electors 
thereof, one circuit judge, except that in any circuit composed of one 
county only, which county shall contain a population according to the 
last state or United States census, of one hundred thousand inhabi- 
tants or over, the legislature may, from time to time, authorize additional 
circuit judges to be chosen. Every circuit judge shall reside in the circuit 
from which he is elected, and shall hold his office for such term and re- 
ceive such compensation as the legislature shall prescribe. — ^Yis. (1818), 
Art. 7 (Amdt. 1897). 



ELECTION OF PROBATE JUDGES. 

(93) Sec. 21. The first election of judges of the prolate courts shall 
he held on the Tuesday succeeding the first Monday of November, one 
thousand eight hundred and fifty-two, and every fourth year thereafter. 
—Mich. (1850), Art. 6. 



VACANCIES BY REMOVAL FROM JURISDICTION. 

(94) Sec. 22. Whenever a judge shall remove beyond the limits of 
the jurisdiction for which he was elected, or a justice of the peace from 
the township in which he was elected, or by a change in the boundaries 
of such township shall be placed without the same, they shall be deemed 
to have vacated their respective office. 



COURTS OF CONCILIATION. 

(95) Sec. 2.°>. The legislature nun/ establish courts of conciliation 
with such powers and duties as shall be prescribed by law. — Mich. (1850), 
Art. 6. 

[See "Labor Interests."] 



197 

APPEARANCE IN PERSON OR BY ATTORNEY. 

(00) Sec. 24. Any suitor in any court of this state shall have the 
right to prosecute or defend It is suit, cither in his oicn proper person, 
or hi/ an attorney or agent of his choice. — Mich. (1850), Art. 6. 

Sec. 10. That no person shall be barred from prosecuting or defending 
before any tribunal in this state, by himself or counsel, any civil cause 
to which he is a party. — Ala. (1901), Art. 1. 

Sec. 25. No person shall be debarred from prosecuting or defending 
any civil cause for or against him or herself, before any tribunal in the 
state, by him or herself, or counsel, or both. — Miss, (1890), Art. 3. 

Sec. 20. Any suitor, in any court of this state, shall have the right 
to presecute or defend his suit either in his own proper person, or by an 
attorney or agent of his choice. — Wis. (1848), Art. 7. 



PROSECUTIONS FOR LIBEL. 

(97) Sec. 25. In all prosecutions for libels the truth may be given 
in evidence to the jury; and if it shall appear to the jury that the mat- 
ter charged as libelous is true and teas published with good motives and 
for justifiable ends the party shall be acquitted. The jury shall have 
the right to determine the law and the fact. — Mich. (1850), Art. 6. 

Sec. 12. That in all prosecutions for libel or for the publication of 
papers investigating the official conduct of officers or men in public ca- 
pacity, or when the matter published is proper for public information, 
the truth thereof may be given in evidence; and that in all indictments 
for libel the jury shall have the right to determine the law and the facts 
under the direction of the court. — Ala. (1901), Art. 1. 

Sec. 6. The liberty of the press shall forever remain inviolate. The 
free communication of thoughts and opinions is one of the invaluable 
rights of man ; and all persons may freely write and publish their senti- 
ments on all subjects, being responsible for the abuse of such rights. 
In all criminal prosecutions for libel the truth may be given in evidence 
to the jury; and, if it shall appear to the jury that the matter charged 
as libelous is true, and was published with good motives and for justifi- 
able ends, the party charged shall be acquitted.— A r k. (1874), Art. 2. 

Sec. 7. In all prosecutions or indictments for libels, the truth may be 
given in evidence, and the jury shall have the right to determine the law 
and the facts, under the direction of the court. — Conn. (1818), Art. 1. 

Sec. 5. The press shall be free to every citizen who undertakes to 
examine the official conduct of men acting in a public capacity; and any 
citizen may print on any subject, being responsible for the abuse of that 
liberty. In prosecutions for publications, investigating the proceedings 
of officers, or where the matter published is proper for public information, 



198 

the truth thereof may be given in evidence; and in all indictments for 

libels the jury may determine the lads and the law, as in other cases. 
Del. i L897), Art. 1. 

See. 2. Tar. 1. In all prosecutions or indictments for libel, the truth 
may be given in evidence; and the jury in all criminal cases shall be 
the judges of the law and tin 1 facts. The power of the judges to grant 
new trials in case of conviction is preserved. — Ga. (1877), Art. 1. 

Sec. 10. In all prosecutions for libel, the truth of Hie matters al- 
leged to be libelous may be given in justification. — Ind. y (1851), Art. 1. 

Sec. 9. In prosecutions for the publication of papers investigating the 
official conduct of officers or men in a public capacity, or where tin 1 mat- 
ter published is proper for public information, the truth thereof may 
be given in evidence; and in all indictments for libel the jury shall have 
the right to determine the law and the facts, under the direction of the 
court, as in other cases. — Ky. (1891), Bill of Rights. 

Art. 179. In all proceedings or indictments for libel, the truth 
thereof may be given in evidence. The jury in all criminal cases shall 
be the judges of the law and of the facts on the question of guilt or 
innocence, having been charged as to the law applicable to the case by the 
presiding judge. — La. (1898), Art. 179. 

Sec. 21. In all indictments or prosecutions for libel, the truth of the 
alleged libel may be given in evidence, and the jury shall be the judges 
of the law and the facts.— S. C. (1895), Art, 1. 

Sec. 8. In prosecutions, and civil suits for libel, the truth may be 
given in evidence; and if it shall appear to the jury that the matter 
charged as libelous, is true, and was published with good motives, and 
lor justifiable ends, the verdict shall be for the defendant. — W. Va. 
(1872), Art. 3. 



SEARCHES AND SEIZURES; WARRANTS. 

(98) Sec. 26. The person, houses, papers and possession* of every 

person shall he secure from unreasonable searches and seizures. No 

warrants to search any /dace or to seize any person or things shall issue 

without describing them, nor without probable cause } supported by oath 

affirmation. — Mich. (1850), Art. 6. 

Sec. 5. That the people shall be secure in their persons, houses, papers 
and possessions from unreasonable seizures or searches, and that no war- 
pants shall issue to search any place or to seize any person or thing 
without probable cause, supported by oath or affirmation. — Ala. (1901), 
Art. 1. 

Sec. 15. The right of the people of this state to be secure in their per- 
sons, houses, papers and effects . againsi unreasonable searches and seiz- 
ures shall not be violated, and no warrant shall issue except upon prob- 



199 

able cause, supported by oath or affirmation, and particularly describing 
the place to bo searched and the person or thing to be seized. — Ark. 
(1874), Art. 2. 

Sec. 10. The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable seizures and search.es, shall not 
be violated; and no warrant shall issue but on probate cause, supported 
by oath or affirmation, particularly describing the place to be searched 
and the person and things to be seized. — Cal. (1880), Art. 1. 

Sec. 7. That the people shall be secure in their persons, papers, 
homes and effects from unreasonable searches and seizures; and no war- 
rant to search any place or seize any person or thing shall issue without 
describing the place to be searched, or the person or thing to be seized, 
as near as may be, nor without probable cause, supported by oath or 
affirmation reduced to writing. — Colo. (1876), Art. 2. 

Sec. 8. The people shall be secure in their persons, houses, papers, and 
possessions from unreasonable searches or seizures, and no warrant to 
search any place, or to seize any person or things, shall issue without 
describing them as nearly as may be, nor without probable cause sup- 
ported by oath or affirmation. — Conn. (1818), Art. 1. 

Sec. G. The people shall be secure in their persons, houses, papers 
and possessions, from unreasonable searches and seizures; and no war- 
rant to search any place, or to seize any person or thing, shall issue 
without describing them as particularly as may be; nor then, unless 
there be probable cause supported bv oath or affirmation. — Del. (1897), 
Art. 1. 

Sec. 22. The right of the people to be secure in their persons, houses, 
papers and effects against unreasonable seizures and searches, shall not 
be violated, and no warrants issued but upon probable cause, supported 
by oath or affirmation, particularly describing the place or places to be 
searched, and the person or persons, and thing or things to be seized. — 
Fla. (1885), Decree of Rights. 

Sec. 1. Par. 10. The right of the people to be secure in their persons, 
houses, papers and effects against unreasonable searches and seizures 
shall not be violated; and no warrant shall issue except upon probable 
cause, supported by oath, or affirmation, particularly describing the 
place or places, to be searched, and the person or things to be seized. — 
Ga. (1877), Art, 1. 

Sec. 17. The right of the people to be secure in their persons, houses, 
papers and effects against unreasonable searches and seizures shall not 
be violated; and no warrant shall issue without probable cause shown 
by affidavit, particularly describing the place to be searched and the 
person or thing to be seized. — Idaho (1889), Art. 1. 

Sec. 6. The right of the people to be secure in their persons, houses, 
papers and effects against unreasonable searches and seizures, shall 



200 

not be violated; and no warrant shall issue without probable cause, 
supported by affidavit, particularly describing the place to be searched, 
and the persons or things to be seized. — 111. (1870), Art. 2. 

Sec. 11. The right of the people to be secure in their persons, houses, 
papers and effects, against unreasonable search or seizure shall not 
be violated, and no warrant shall issue, but upon probable cause, sup- 
ported by oath or affirmation, and particularly describing the place to 
be searched and the person or thing to be seized. — Iud. (1851), Art. 1. 

Sec. 8. The right of the people to be secure in their persons, houses, 
papers and effects, against unreasonable seizures and searches, shall 
not be violated; and no warrant shall issue but on probable cause, sup- 
ported by oath or affirmation, particularly describing the place to be 
searched, and the persons and things to be seized. — Ioica (1857), Art. 1. 

Sec. 15. The right of the people to be secure in their persons and 
property against unreasonable searches and seizures, shall be inviolate; 
and no warrant shall issue but on probable cause, supported by oath 
or affirmation, particularly describing the place to be searched, and 
the persons or property to be seized. — Kan. (1859), Bill of Rights. 

Sec. 10. The people shall be secure in their persons, houses, papers 
and possessions, from unreasonable search and seizure ; and no warrant 
shall issue to search any place, or seize any person or thing, without 
describing them as nearly as may be, nor without probable cause sup- 
ported by" oath or affirmation. — Ky. (1891), Bill of Rights. 

Art. 7. The right of the people to be secure in their persons, houses, 
papers and effects against unreasonable searches and seizures shall not 
be violated and no warrant shall issue except upon probable cause, sup- 
ported by oath or affirmation, and particularly describing the place to 
be searched and the persons or things to be seized. — La. (1898), Art. 7. 

Sec. 5. The people shall be secure in their persons, houses, papers 
and possessions from all unreasonable searches and seizures; and no 
warrant to search any place, or seize any person or thing, shall issue 
without a special designation of the place to be searched, and the 
person or thing to be seized, nor without probable cause, supported by 
oath or affirmation.— Me. (1819), Art. 1. 

Ait. 26. That all warrants, without oath or affirmation, to search 
suspected places, or to seize any person or property, are grievous and 
oppressive; and all general warrants to search suspected places, or 
to apprehend suspected persons, without naming or describing the 
place, or the person in special, are illegal, and ought not to be granted. 
— Md. (1807), D. of R. 

Art. 14. Every subject lias a right to be secure from all unreasonable 
searches, and seizures, of his person, his houses, his papers, and all 
his possessions. All warrants, therefore, are contrary to this right, 
it the cause of foundation of them be not previously supported by oath 



201 

or affirmation, and if the order in the warrant to a civil officer, to 

make search in suspected places, or to arrest one or more suspected 
persons, or to seize their property, be not accompanied with a special 
designation of the persons or objects of search, arrest, or seizure; 
and no warrant ought to be issued but in cases, and with the formalities 
prescribed by the laws. — Mass. (1780), Part 1. 

Sec. 10. The right of the people to be secure in their persons, houses, 
papers and effects, against unreasonable searches and seizures, shall 
not be violated ; and no warrant shall issue but upon probable cause, 
supported by oath or affirmation, and particularly describing the 
place to be searched and the person or things to be seized. — Minn. 
(1857), Art. 1. 

Sec. 23. The people shall be secure in their persons, houses and 
possessions, from unreasonable seizure or search; and no warrant 
shall be issued without probable cause, supported by oath or affirmation, 
specially designating the place to be searched and the person or thing 
to be seized.— Miss. (1890), Art. 3. 

Sec. 11. That the people shall be secure in their persons, papers, 
homes and effects, from unreasonable searches and seizures; and no 
warrant to search any place, or seize any person or thing, shall issue 
without describing the place to be searched, or the person or thing 
to be seized, as nearly as may be; nor without probable cause, supported 
by oath or affirmation reduced t:o writing. — Mo. (1875), Art. 2. 

Sec. 7. The people shall be secure in their persons, papers, homes and 
effects, from unreasonable searches and seizures, and no warrant to 
search any place or seize any person or thing, shall issue without de- 
scribing the place to be searched, or the person or thing to be seized 
nor without probable cause, supported by oath or affirmation, reduced to 
writing.— Mont. (1889), Art. 3. 

Sec. 7. The right of the people to be secure in their persons, houses, 
papers, and effects against unreasonable searches and seizures, shall 
not be violated; and no warrant shall issue but upon probable cause, 
supported by oath or affirmation, and particularly describing the place 
to be searched, and the person or thing to be seized. — Neb. (1875), Art. 1. 

Sec. 18. The right of the people to be secure in their persons, houses, 
papers, and effects against unreasonable seizures and searches, shall 
not be violated; and no warrant shall issue but on probable cause, 
supported by oath or affirmation, particularly describing tlie place or 
places to be searched, and the person or persons, and thing or things to 
be seized.— Nev. (1864), Art. 1. 

Art. 19. Every subject hath a right to be secure from all unreason- 
able searches and seizures of his person, his houses, his papers, and 
all his possessions. Therefore, all warrants to search suspected places 
or arrest a person for examination or trial, in prosecutions for criminal 
matters, are contrary to this right, if the cause or foundation of them 
26— Jud. Dept. 



202 

be not previously supported by oath or affirmation, and if the order, in 
a warrant to a civil officer, to make search in suspected places or to 
arrest one or more suspected persons or to seize their property, be not 
accompanied with a special designation of the persons or objects of 
search, arrest or seizure; and no warrant ought to be issued but in 
cases and with the formalities prescribed by law. — X. M. } Part 1, Art. 19. 

(I. The right of the people to be secure in their persons, houses, 
papers and effects, against unreasonable searches and seizures, shall 
not be violated; and no warrant shall issue but upon probable cause, 
supported \>\ oath or affirmation, and particularly describing the place 
to be searched and the papers and things to be seized. — A. J. (1844), 
Art. 1, Sec. G. 

Sec. 15. General warrants, whereby any officer or messenger may be 
commanded to search suspected places, without evidence of the act com- 
mitted, or to seize any person or persons not named, whose offence is not 
particularly described and supported by evidence, are dangerous to lib- 
erty and ought not to be granted. — X. C. (1875), Art. 1. 

Sec. 18. The right of the people to be secure in their persons, houses, 
papers and effects, against unreasonable searches and seizures, shall not 
be violated; and no warrant shall issue but upon probable cause, sup- 
ported by oath or affirmation, particularly describing the place to be 
searched and the persons and things to be seized. — X. Dak. (1889), Art. 1. 

Sec. 14. The right of the people to be secure in their persons, houses, 
papers, and possessions, against unreasonable searches and seizures 
shall not be violated; and no warrant shall issue, but upon probable 
cause supported by oath or affirmation, particularly describing the 
place to be searched and the person and things to be seized.— Ohio 
(1851), Art. 1. 

Sec. 30. The right of the people to be secure in their persons, houses, 
papers, and effects against unreasonable searches or seizures shall not 
be violated; and no warrant shall issue but upon probable cause sup- 
ported by oath or affirmation, describing as particularly as may be the 
place to be searched and the person or thing to be seized. — OJcla. (1907), 
Art. 2. 

Sec. 9. Xo law shall violate the right of the people to be secure in 
their persons, houses, papers and effects, against unreasonable search 
or seizure, and no warrant shall issue but upon probable cause, sup- 
ported by oath or affirmation, and particularly describing the place to 
be searched, and the person or tiling to Ik 1 seized. — Ore. ( L857), Art. 1. 

Sec. S. The people shall be secure in their persons, houses, papers 
and possessions from unreasonable searches and seizures, and no war- 
rant to search any place or to seize any person or things shall issue 
without describing them as nearly as may be, nor without probable 
cause, supported bv oath or affirmation, subscribed to bv the affiant. — 
Pa. i 1st:!). Art. 1.' 



203 

Sec. 6. The right of the people to be secure in their persons, papers 
and possessions, against unreasonable searches and seizures, shall not 
be violated; and no warrant shall issue, but on complaint in writing, 
upon probable cause, supported by oath or affirmation, and describing 
as nearly as may be, the place to be searched, and the persons or things 
to be seized.— R. H. (1842), Art. 1. 

Sec. 16. The right of the people to be secure in their persons, houses, 
papers and effects against unreasonable searches and seizures shall not 
be violated, and no warrant shall issue but upon probable cause, sup- 
ported by oath or affirmation, and particularly describing the place to 
be searched and the person or thing to be seized. — S. C. (1895) , Art. 1. 

Sec. 11. The right of the people to be secure in their persons, houses, 
papers and effects, against unreasonable searches and -seizures, shall not 
be violated, and no warrant shall issue but upon probable cause sup- 
ported by affidavit, particularly describing the place to be searched and 
the person or thing to be seized. — S. D, (1889), Art. 6. 

Sec. 7. That the people shall be secure in their persons, houses, 
papers, and possessions, from unreasonable searches and seizures; and 
that general warrants, whereby an officer may be commanded to search 
suspected places, without evidence of the fact committed, or to seize any 
person or persons not named, whose offenses are not particularly des- 
cribed and supported by evidence, are dangerous to liberty, and ought 
not to be granted. — Tenru. (1870), Art. 1. 

Sec. 9. The people shall be secure in their persons, houses, papers and 
possessions from all unreasonable seizures or searches, and no warrant 
to search any place, or to seize any person or thing, shall issue without 
describing them as near as may be, nor without probable cause, sup- 
ported by oath or affirmation. — Tex. (1875), Art. 1. 

Sec. 14. The right of the people to be secure in their persons, houses, 
papers and effects against unreasonable searches and seizures shall not 
be violated; and no warrant shall issue but upon probable cause sup- 
ported by oath or affirmation, particularly describing the place to be 
searched and the person or thing to be seized. — Utah (1896), Art. 1. 

Art. 11. That the people have a right to hold themselves, their houses, 
papers, and possessions, free from search or seizure; and therefore war- 
rants, without oath or affirmation first made, affording sufficient foun- 
dation for them, and whereby any officer or messenger may be com- 
manded or required to search suspected places, or to seize any person 
or persons, his, her or their property, not particularly described, are 
contrary to that right, and ought not to be granted. — Vt. (1793), 
Chap. 1. 

Sec. 10. That general warrants, whereby an officer or messenger may 
be commanded to search suspected places without evidence of a fact com- 
mitted, or to seize any person or persons not named, or whose offence is 



201 

not particularly described and supported by evidence 1 , are grievous and 
oppressive, and ought not to be granted. — Va. (1902), Art. 1. 

Sec. 7. No person shall be disturbed in his private affairs, or his 
home invaded, without authority of law. — ^Yash. (1889), Art. 1. 

Sec. G. The right of citizens to be secure in their houses, persons, 
papers and effects, against unreasonable searches and seizures, shall 
not be violated. No warrant shall issue except upon probable cause, 
supported by oath or affirmation, particularly describing the place to be 
searched, or the person or thing to be seized. — W. Va. (1872), Art. •*>. 

Sec. 11. The right of the people to be secure in their persons, houses, 
papers and effects, against unreasonable searches and seizures shall not 
be violated; and no warrants shall issue but upon probable cause, sup- 
ported by oath, or affirmation and particularly describing the place 
to be searched, and the persons or things to be seized. — Wis. (1898), 
Art. 1. 

Sec. 4. The right of the people to be secure in their persons, houses, 
papers and effects against unreasonable searches and seizures shall not 
be violated, and no warrant shall issue but upon probable cause, sup- 
ported by affidavit, particularly describing the place to be searched or 
the person or thing to be seized. — Wyo. (1889), Art. 1. 



TRIAL BY JURY; WAIVER. 

(99) Sec. 27. The right of trial by jury shall remain but shall be 
deemed to he waived in all civil cases unless demanded by one of the 
parties in such manner as shall he prescribed by law. — Mich. (1850), 
Art. 6. 

11. That the right of trial bv jury shall remain inviolate. — A la. 
(1901), Art. 1. 

Sec. 7. The right of trial by jury shall remain inviolate, and shall 
extend to all casts at law, without regard to the amount in controversy; 
but a jury trial may be waived by the parties in all cases in the man- 
ner prescribed by law. — Ark. (1871), Art. 2. 

Sec. 21. No persons shall be taken or imprisoned, or disseized of his 
estate, freehold, liberties or privileges; or outlawed, or in any manner 
destroyed or deprived of his life, liberty or property; except by the 
judgment of his peers or the law of the land; nor shall any person, 
under any circumstances, be exiled from the state. — Ark. (1874), Art. 2. 

Sec. 7. The righl of trial by jury shall be secured to all, and remain 
inviolate; but in civil actions three-fourths of the jury may render a 
verdict. A trial by jury may be waived in all criminal cases not amount- 
ing to felony, by the consent of both parties, expressed in open court, 
and in civil actions by the consent of the parties, signified in such 



203 

manner as may be prescribed by law. In civil actions and cases of mis- 
demeanor, the jury may consist of twelve, or of any number less than 
twelve upon which the parties may agree in open court. — Gal. (1880), 
Art. l. 

Sec. 23. The right of trial by jury shall remain inviolate in criminal 
cases, but a jury in civil cases in all courts, or in criminal cases in 
courts not of record, may consist of less than twelve men, as may be pre- 
scribed by law. Hereafter a grand jury shall consist of twelve men any 
nine of whom concurring may find an indictment: Provided, The gen- 
eral assemblv may change, regulate or abolish the grand jury system. — 
Colo. (1876)', Art. 2.' 

Sec. 21. The right of trial bv jury shall remain inviolate. — Conn. 
(1818), Art. 1. 

Sec. 1. Trial by jury shall be as heretofore.— Be I (1897), Art. 1. 

Sec. 23. In civil causes where matters of fact are at issue, if the 
parties agree, such matters of fact shall be tried by the court, and judg- 
ment rendered upon their decision thereon as upon a verdict by a jury. 
—Del. (1897), Art. 4. 

Sec. 3. The right of trial by jury shall be secured to all, and remain 
inviolate forever.— Fla. (1885), Bill of Bights. 

Sec. 18. Par. 1. The right of trial by jury, except where it is other- 
wise provided in this constitution, shall remain inviolate, but the gen- 
eral assembly may prescribe any number, not less than five, to con- 
stitute a trial or traverse jurv in courts other than the superior and city 
courts.— Ga. (1877), Art. 6. 

Sec. 18. Par. 2. The general assembly shall provide by law for the 
selection of the most experienced, intelligent and upright men to serve 
as grand jurors, and intelligent and upright men to serve as traverse 
jurors. Nevertheless, the grand jurors shall be competent to serve as 
traverse jurors. — Ga. (1877), Art. 6. 

Sec. 18. Par. 3. It shall be the duty of the general assembly, by gen- 
eral laws, to prescribe the manner of fixing compensation of jurors in 
all counties in this state. — Ga. (1877), Art. 6. 

Sec. 7. The right of trial by jury shall remain inviolate; but in civil 
actions three-fourths of the jury may render a verdict, and the legis- 
lature may provide that in all cases of misdemeanors five-sixths of the 
jury may render a verdict. A trial by jury may be waived in all criminal 
cases not amounting to felony by the consent of both parties, expressed 
in open court, and in civil actions by the consent of the parties, signi- 
fied in such manner as may be prescribed by law. In civil actions and 
cases of misdemeanor the jury may consist of twelve, or of any nuniber 
less than twelve upon which the parties may agree in open court. — 
Idaho (1889), Art. 1. 



206 

See. 5. The right of trial by jury, as heretofore enjoyed, shall remain 
inviolate; but the trial of civil cases before justices of the peace, by 
a jury of less than twelve men, may be authorized by law. — III (1870), 
Art. 2. 

Sec. 10. In all criminal cases whatever, the jury shall have the right 
to determine the law and the facts. — Ind. (1851), Art. 1. 

Sec. 20. In all civil cases the right of trial by jury shall remain 
inviolate. — Ind. (1851), Art. 1. 

Sec. 9. The right of trial by jury shall remain inviolate; but the 
general assembly may authorize trial by a jury of less number than 
twelve men in inferior courts; but no person shall be deprived of life, 
liberty, or property, without due process of law. — Iowa (1857), Art. 1. 

Sec. 5. The right of trial by jury shall be inviolate. — Kan. (1859), 
Bill of Rights. 

Sec. 7. The ancient mode of trial by jury shall be held sacred, and 
the right thereof remain inviolate, subject to such modifications as may 
be authorized by this constitution. — Ky. (1891), Bill of Rights. 

Art. 11G. The general assembly shall provide for the selection of 
competent and intelligent jurors. All cases in which the punishment 
may not be at hard labor shall, until otherwise provided by law, which 
shall not be prior to 1904, be tried by the judge without a jury. Cases 
in which the punishment may be at hard labor shall be tried by a jury 
of five, all of whom must concur to render a verdict; cases in which the 
punishment is necessarily at hard labor, by a jury of twelve, nine of 
whom concurring may render a verdict; cases in which the punishment 
may be capital, bv a jury of twelve, all of whom must concur to render 
a verdict.— La. (1898), Art. 116. , 

Art. 159. No person shall be permitted to act as a juror, who, in due 
course of law, shall have been convicted of treason, perjury, forgery, 
bribery or other crime punishable by imprisonment in the penitentiary, 
or who shall be under interdiction. — La. (1898), Art. 159. 

Sec. 20. In all civil suits, and in all controversies concerning prop- 
erty, the parties shall have a right to a trial by jury, except in cases 
where it has heretofore been otherwise practiced; the party claiming 
the right may be heard bv himself and his counsel, or either, at his 
election.— Me. (1819), Art. 1. 

Art. 5. That the inhabitants el* Maryland are entitled to the common 
law of England, and the trial by jury, according to the course of that 
law. and to the benefit of such of the English statutes as existed on the 
fourth day of -Inly, seventeen hundred and seventy-six; and which, by 
experience, have been found applicable to their local and other circum- 
stances, and have been introduced, used and practiced by the courts of 
law or equity; and also of all acts of assembly in force on the first day 



207 

of June, eighteen hundred and sixty-seven; except such as may have 
since expired, or may be inconsistent with the provisions of this con- 
stitution ; subject, nevertheless, to the revision of, and amendment or 
repeal by, the legislature of this state. And the inhabitants of Mary- 
land are also entitled to all property derived to them from or under 
the charter granted by his majesty, Charles the First, to Caecilius Cal- 
vert, Baron of Baltimore.— Md. (1867), Dec. of Rights. 

Art. 20. That the trial of facts, where they arise, is one of the great- 
est securities of the lives, liberties and estate of the people. — Md. (1867), 
Dec. of Rights. 

Sec. 5. In the trial of all criminal cases, the jury shall be the judges 
of law, as well as of fact.— Md. (1867), Art. 15. 

Sec. 6. The right of trial by jury of all issues of fact in civil pro- 
ceedings in the several courts of law in this state, where the amount in 
controversy- exceeds the sum of five dollars, shall be inviolably preserved. 
—Md. (1867), Art. 15. 

Art. 13. In criminal prosecutions; the verification of facts, in the 
vicinity where they happen, is one of the greatest securities of the life, 
liberty, and property of the citizen. — Mass. (1780), Part 1. 

Art. 15. In all controversies concerning property, and in all suits 
between two or more persons, except in cases in which it has heretofore 
been otherways used and practiced, the parties have a right to a trial by 
jury; and the method of procedure shall be held sacred, unless, in causes 
arising on the high seas, and such as relate to mariners' wages, the legis- 
lature shall hereafter find it necessary to alter it. — Mass. (1780), 
Part 1. 

Sec. 4. The right of trial by jury shall remain inviolate, and shall 
extend to all cases at law without regard to the amount in controversy, 
but a jury trial may be waved by the parties in all cases in the manner 
prescribed by law; and the legislature may provide that the agreement 
of five-sixths of any jury in any civil action or proceeding, after not 
less than six (6) hours' deliberation, shall be a sufficient verict therein. 
—Minn. (1857), Art. 1 {Amdt. 1890). 

Sec. 31. The right of trial bv jury shall remain inviolate. — Miss. 
(1890), Art. 3. 

Sec. 264. No person shall be a grand or petit juror unless a quali- 
fied elector and able to read and write; but the want of any such quali- 
fication in any juror shall not vitiate any indictment or verdict. The 
legislature shall provide by law for procuring a list of persons so 
qualified, and the drawings therefrom of grand and petit jurors for 
each term of the circuit court. — Miss. (1890), Art. 14. 

Sec. 28. The right of trial by jury, as heretofore enjoyed, shall remain 
inviolate, but a jury for the trial of civil and criminal cases in courts 



208 

not of record, may consist of less than twelve men as may be prescribed 
by law; and thai a two-thirds majority of such number prescribed by 
law concurring may render a verdict in all civil cases; and that in the 
trial by jury of all civil cases in courts of record three-fourths of the 
members of the jury concurring may render a verdict. Hereafter a 
grand jury shall consist of twelve 1 men, any nine of whom concurring 
may find an indictment or a true bill; Provided, hotpever, That no grand 
jury shall be convened except upon an order of a judge of a court 
having the power to try and determine felonies; but when so assembled 
such grand jury shall have power to investigate and return indictments 
for all character and grades of crime. — Mo. (1875), Art. 2. 

Sec. 23- The right of trial by jury shall be secured to all, and re- 
main inviolate, but in all civil cases and in all criminal cases not 
amounting to felony, upon default of appearance or by consent of the 
parties expressed in such manner as the law may prescribe, a trial by 
jury may be waived, or a trial had by any less number of jurors than the 
number provided by law. A jury in a justice's court both in civil cases 
and in cases of criminal misdemeanor shall consist of not more than six 
persons. In all civil actions and in all criminal cases not amounting 
to felony, two-thirds in number of the jury may render a verdict, and 
such verdict so rendered shall have the same force and effect as if all of 
such jury concurred therein. — Mont. (1889), Art. 3. 

Sec. C). The right of trial by jury shall remain inviolate, but the 
legislature may authorize trial by a jury of a less number than twelve 
men in courts inferior to the district court. — Xeo. (1875), Art. 1. 

Sec. 3. The right of trial by jury shall be secured to all, and re- 
main inviolate forever; but a jury trial may be waived by the parties in 
all civil cases, in the manner to be prescribed by law; and in civil 
cases, if three-fourths of the jurors agree upon a verdict, it shall stand 
and have 1 the same force and effect as a verdict by the whole jury: 
Provided. The legislature, by a law passed by a two-thirds vote of all 
the members elected to each branch thereof, may require a unanimous 
verdict, notwithstanding this provision. — Xer. (1864), Art. 1. 

Sec. 27. Laws shall be made to exclude from serving on juries all 
persons not qualified electors of the state, and all persons who shall 
have been convicted of bribery, perjury, forgery, larceny, or other high 
crimes, unless restored to civil rights; and laws shall be passed regu- 
lating elections, and prohibiting under adequate penalties, all undue 
influence thereon from power, bribery, tumult, or other improper prac- 
tice.— Nev. (1864), Art. 4. 

Art. 17. In criminal prosecutions, the trial of facts in the vicinity 
where they happen is so essential to the security, of the life, liberty, 
and estate of the citizen, that no crime or offense ought to be tried in 
any oilier county Hum ilial in which it is committed, except in cases 
of general insurrection in any particular county, when it shall appear 
to the judges of the superior court that an impartial trial cannot be 
had in the county where the offense may be committed, and, upon their 



209 

report, the legislature shall think proper to direct the trial in the 
nearest county in which an impartial trial can be obtained. — N. H., 
Part 1. Art. il. 

Art. 20. In all controversies concerning property and in all suits be- 
tween two or more persons, except in cases in which it has been here- 
tofore otherwise used and practised, and except in cases in which the 
value in controversy does not exceed one hundred dollars and title of 
real estate is not concerned, the parties have a right to trial by jury ; 
and this method of procedure shall be held sacred, unless, in cases aris- 
ing on the high seas and such as relate to mariners' wages, the legisla- 
ture shall think it necessary hereafter to alter it. — A. H., Part 1, Art. 20. 

Art. 21. In order to reap the fullest advantage of the inestimable 
privilege of trial by jury, great care ought to be taken that none but 
qualified persons shold be appointed to serve; and such ought to be 
fully compensated for their travel, time, and attendance. — N. H., Part 1, 
Art. 21. 

7. The right of a trial by jury shall remain inviolate; but the legis- 
lature may authorize the trial of civil suits, when a matter in dispute 
does not exceed fiftv dollars, by a jury of six men. — A. J. (1844), Art. 1, 
Sec. 7. 

2. The trial by jury in all cases in which it has been heretofore used 
shall remain inviolate forever; but a jury trial may be waived by the 
parties in all civil cases in the manner to be prescribed by law. — N. Y. 
(1894), Art. 1. 

Sec. 13. No person shall be convicted of any crime but by the unani- 
mous verdict of a jury of good and lawful men in open court. The legis- 
lature may, however, provide other means of trial for petty misdemean- 
ors, with the right of appeal. — A. C. (1875), Art. 1. 

Sec. 19. In all controversies at law respecting property, the ancient 
mode of trial by jury is one of the best securities of the rights of the 
people, and ought to remain sacred and inviolable. — A. C. (1875), Art. 1. 

Sec. 13. In all issues of fact, joined in an}' court, the parties may 
waive the right to have the same determined by a jury, in which case 
the finding of the judge upon the facts shall have the force and effect of 
a verdict by a jury. — A. C. (1875), Art. 4. . 

Sec. 7. The right of trial by jury shall be secured to all, and remain 
inviolate; but a jury in civil cases, in courts not of record, may con- 
sist of less than twelve men, as may be prescribed bv law. — A". Dak. 
(1889), Art. 1. 

Sec. 5. The right of trial by jury shall be inviolate. — Ohio (1851), 
Art. 1. 

Sec. 19. The right of trial by jury shall be and remain inviolate, 
27— Jud. Dept. 



210 

and a jury for the trial of civil and criminal rases in courts of record, 
other than county courts, shall consist of twelve men; but, in county 
courts and courts not of record, a jury shall consist of six men. This 
section shall not be so construed as to prevent limitations being fixed 
by law upon the right of appeal from judgments of courts not of record 
in civil cases concerning causes of action involving less than twenty 
dollars. In civil cases, and in criminal cases less than felonies, three- 
fourths of the whole number of jurors concurring shall have power to 
render a verdict. In all other cases the entire number of jurors must 
concur to render a verdict. In case a verdict is rendered by less than 
the whole number of jurors, the verdict shall be in writing and signed 
by each juror concurring therein. — Olrfa. (1907), Art. 2. 

Sec. 29. In all issues of fact joined in any court, all parties may 
waive the right to have the same determined by jury; in which case 
the finding of the judge, upon the facts, shall have the force and effect 
of a verdict by jury.— Okla. (1907), Art. 7. 

Sec. 21. In all jury trials, the jury shall return a general verdict, 
and no law in force, nor any law hereafter enacted, shall require the 
court to direct the jury to make findings on particular questions of 
fact ; but the court mav, in its discretion, direct such special findings. 
—Okla. (1907), Art. 7. 

Sec. 17. In all civil cases, the right of trial by jury shall remain 
inviolate.— Ore, (1857), Art. 1. 

Sec. 18. The legislative assembly shall so provide that the most 
competent of the permanent citizens of the county shall be chosen for 
jurors; and out of the whole number in attendance at the court, seven 
shall be chosen by lot as grand jurors, five of whom must concur to 
find an indictment. But the legislative assembly may modify or abolish 
grand jurors. — Ore. (1857), Art. 7. 

Sec. 6. Trial by jury shall be as heretofore, and" the right thereof 
remain inviolate. — Pa. (1873), Art. 1. 

Sec. 27. The parties, by agreement, filed, may in any civil case 
dispense with trial by jury and submit the decision of such case to the 
court having jurisdiction thereof, and such court shall hear and de- 
1 ermine the same, and the judgment thereon shall be subject to writ of 
error, as in other cases. — Pa. (1873), Art. 5. 

Sec. 15. The right of trial by jury shall remain inviolate. — 7?. I. 
(1842), Art. 1. 

Sec. 25. The right of trial by jury shall be preserved inviolate. — 
8. C. (1895), Art. 1. 

Sec. 22. All persons charged with an offence shall have the right to 
demand and obtain a trial by jury. The jury in cases civil or criminal 
in all municipal courts, and courts inferior to circuit courts shall con- 



211 

sisl of six. The grand jury of each county shall consist of eighteen 
members, twelve of whom ninst agree in a mat lei- before it can be sub- 
mitted to the court. 

The petit jury of the circuit courts shall consist of twelve men, all 
of whom must agree to a verdict in order to render the same. 

Each juror must be a qualified elector under the provisions of this 
constitution, between the ages of twenty-one and sixty-five years 
and of good moral character.— £. C. (1895), Art. 5. 

Sec. 6. The right of trial by jury shall remain inviolate and shall 
extend to all cases at law without regard to the amount in contro- 
versy, but the legislature may provide for a jury of less than twelve 
in any court not a court of record and for the decision of civil cases 
by three-fourths of the jury in any court. — S: Dak. (1889), Art. G. 

Sec. 6. That the right of trial by jury shall remain inviolate, and 
no religious or political test shall ever be required as a qualification 
for jurors. — Tenn. (1870), Art. 1. 

Sec. 14. No fine shall be laid on any citizen of this state that shall 
exceed fifty dollars, unless it shall be assessed by a jury of his peers, 
who shall assess the fine at the time they find the fact, if they think 
the fine should be more than fifty dollars. — Tenn. (1870), Art. 6. 

Sec. 15. The right of trial by jury shall remain inviolate. The leg- 
islature shall pass such laws as may be needed to regulate the same, 
and to maintain its purity and efficiency. — Tex. (1875), Art. 1. 

Sec. 10. In the trial of all causes in the district courts, the plaintiff 
or defendant shall, upon application made in open court, have the 
right of trial by jury; but no jury shall be impanneled in any civil 
case unless demanded by a party to the case, and a jury fee be paid 
by the party demanding a jury, for such sum and with such exceptions 
as may be prescribed by the legislature. — Tex. (1875), Art. 5. 

Sec. 13. Grand and petit juries in the district courts shall be com- 
posed of twelve men ; but nine members of a grand jury shall be a 
quorum to transact business and present bills. In trials of civil cases, 
and in trials of criminal cases below the grade of felony in the dis- 
trict courts, nine members of the jury, concurring, may render a ver- 
dict, but when the verdict shall be rendered by less than the wiiole 
number, it shall be signed by every member of the jury concurring in 
it. When, pending the trial of any case, one or more jurors, not ex- 
ceeding three, may die, or be disabled from sitting, the remainder of 
the jury shall have the power to render the verdict: Provided, That 
the legislature may change or modify the rule authorizing less than the 
whole number of the jury fo render a verdict. — Tex. (1875), Art. 5. 

Sec. 19. The legislature shall prescribe by law the qualification of 
grand and petit jurors. — Tex. (1875), Art. 16. 

Sec. 10. In capital cases the right of trial by jury shall remain 



212 

inviolate. Id courts of general jurisdiction, except in capital cases, 

a jury shall consist of eight jurors. In courts of inferior jurisdiction 
a jury shall consist of four jurors. In criminal cases The verdict shall 
be unanimous. In civil cases three- fourths of the jurors may find a 
verdict. A jury in civil cases shall be waived unless demanded. — Zftaft 
(1896), Art. 1. 

Art. 12. That when any issue in fact, proper for the cognizance 
of a jury is joined in a court of law, the parties have a right to trial 
by jury, which ought to be held sacred. — Vt. (1798), Chap. 1. 

Sec. 31. Trials of issues, proper for the cognizance of a jury, in the 
supreme court and county courts, shall be by jury, except where par- 
ties otherwise agree; and great care ought to taken to prevent cor- 
ruption or partiality in the choice and return, or appointment of 
juries.— Vt. (1798), Chap. 2. 

Sec. 21. The right of trial by jury shall remain inviolate, but the 
legislature may provide for a jury of any number less than twelve in 
courts not of record, and for a verdict of nine or more jurors in civil 
cases in any court of record, and for waiving of the jury in civil cases 
where the consent of the parties interested is given thereto. — Wdxli. 
(1889), Art. 1. 

Sec. 13. In suits at common law, where the value In controversy 
exceed twenty dollars exclusive of interest and costs, the right of trial 
by jury, if required by either party, shall be preserved ; and in such 
suit before a justice a jury may consist of six persons. Xo fact tried 
by a jury shall be otherwise re-examined in anv case than according to 
the rules of the common law.— W. Va. (1872), Art. 3 {Amdt. 1879). 

Sec. 14. Trials of crimes, and of misdemeanors, unless herein other- 
wise provided, shall be by a jury of twelve men, public, without un- 
reasonable delay, and in the county where the alleged offence was com- 
mitted, unless upon petition of the accused, and for good cause shown, 
it is removed to some other county. In all such trials, the accused 
shall be fully and plainly informed of the character and cause of the 
accusation, and be confronted with the witnesses against him, and shall 
have the assistance of counsel, and a reasonable time to prepare for 
his defence; ami there shall be awarded to him compulsory process 
for obtaining witnesses in his favor. — W. Va. (1S72). Art. 3. 

Sec. 5. The right of trial by jury shall remain inviolate; and shall 
extend to all cases at law, without regard to the amount in controversy; 
but a jury trial may be waived by the parties in all cases, in the man- 
ner prescribed by law. — Wis. (1848), Art. 1. 

Sec. 9. The light of dial by jury shall remain inviolate in criminal 
cases, but a jury in civil cases in all courts, or in criminal cases in 
courts not of record, may consist of less than twelve men. as may be 
prescribed by law. Hereafter a grand jury may consist of twelve men, 
any nine of whom concurring may find an indictment, but the legis- 



213 

lature may change, regulate or abolish the grand jury system. — Wyo. 

i issii). Art. 1. 



GRAND JURY; INDICTMENT AND INFORMATION. 

S. That no person shall for any indictable offense be proceeded 
against criminally by information, except in cases arising in the militia 
and volunteer forces when in actual service, or when assembled under 
arms as a military organization, or, by leave of the court, for mis- 
feasance, misdemeanor, extortion and oppression in office, otherwise 
Than is provided in this constitution : Provided, That in cases of misde- 
meanor, the legislature may by law dispense with a grand jury and 
authorize such prosecutions and proceedings before such justices of the 
peace or such other inferior courts as may be by law established. — 
Ala. (1901), Art. 1. 

Sec. 8. No person shall be held to answer a criminal charge unless 
on the presentment or indictment of a grand jury, except in cases of 
impeachment or cases such as the general assembly shall make cog- 
nizable by justices of the peace, and courts of similar jurisdiction; 
or cases arising in the army and navy of the United States; or in 
the militia when in actual service in time of war or public danger; and 
no person for the same offense, shall be twice put in jeopardy of life 
or liberty; but if, in any criminal prosecution, the jury be divided in 
opinion, the court before which the trial shall be had may, in its dis- 
cretion, discharge the jury, and commit or bail the accused for trial 
at the same or the next term of said court; nor shall any person be 
coniDelled, in any criminal case, to be a witness against himself; nor 
be deprived of life, liberty or property, without due process of law. 
All persons shall, before conviction, be bailable by sufficient sureties, 
except for capital offenses, when the proof is evident or the presumption 
great.— Ark. (1874), Art, 2. 

Sec. 8. Offenses heretofore required to be prosecuted by indictment 
shall be prosecuted by information, after examination and commitment 
by a magistrate, or by indictment, with or without such examination and 
commitment, as may be prescribed by law. A grand jury shall be drawn 
and summoned at least once a year in each county. — Gal, (1880), Art, 1. 

Sec. 8. That until otherwise provided by law, no person shall, for 
a felony, be proceeded against criminally, otherwise than by indict- 
ment, except in cases arising in the land or naval forces, or in the 
militia when in actual service in time of war or public danger. In all 
other cases, offenses shall be prosecuted criminally by indictment or 
information. — Colo. (1876), Art, 2. 

Sec. 8. No person shall for any indictable offense be proceeded 
against criminally by information, except in cases arising in the land 
or naval forces, or in the militia when in actual service in time of 
war or public danger; and no person shall be for the same offense twice 
put in jeopardy of life or limb; nor shall any man's property be taken or 



214 

applied to public use without the consenl of his representatives, and 
without: compensation being made. — Del. (1897), Art. 1. 

Sec. 10. No person shall be tried for a capital crime or other felony, 
unless on presentment or indictment by a grand jury, except as is 
otherwise provided in this constitution, and exec 1 ])! in cases of impeach- 
ment, and in cases in the militia when in active service in time of war, 
<>i- which the state, with the consent of congress, may keep, in time of 
peace.— Fla. I lsssi. Bill of Rights. 

^(>c 8. No person shall be held to answer for any felony or crimi- 
nal offense of any grade, unless on presentment or indictment of a 
grand jury or on information of the public prosecutor, after a com- 
mitment by a magistrate, except in cases of impeachment, in cases 
cognizable by probate courts or by justices of the peace, and in cases 
arising in the militia when in actual service in time of war or public 
danger: Provided, That a grand jury may be summoned upon the 
order of the district court in the manner provided by law. And provided, 
further, That after a charge has been ignored by a grand jury, no 
person shall be held to answer or for trial therefor upon information 
of the public prosecutor. — Idaho (1889), Art. 1. 

Sec. 8. No person shall be held to answer for a criminal offense 
unless on indictment of a grand jury, except in cases in which tin 1 
punishment is by fine, or imprisonment otherwise than in the peni- 
tentiary, in cases of impeachment, and in cases arising in the army 
and navy, or in any militia, when in actual service in time of war or 
public danger: Provided, That the grand jury may be abolished bv 
law in all cases.—//?. (1870), Art. 2. 

Sec. 17. The general assembly may modify or abolish the grand 
jury system. — hid. (1851), Art. 7. 

Sec. 11. All offenses less than felony, and in which the punishment 
does not exceed a fine of one hundred dollars, or imprisonment for thirty 
days, shall be tried summarily before a justice of the peace, or other 
officer authorized by law, on information under oath, without indict 
ment, or the intervention of a grand jury, saving to the defendant the 
light of appeal; and no person shall be held to answer for any higher 
criminal offense, unless on presentment or indictment by a grand jury. 
except in cases arising in the army or navy, or in the militia, when in 
actual service, in time of war or public danger. — Iowa (1857), Art. 1. 

Sec. IT). The grand jury may consist of any number of members not 
less than five, no]- more than fifteen, as the general assembly may by 
law provide, or the general assembly may provide for holding persons 
to answer for any criminal offense without the intervention of the grand 
jury. -Iowa (1857), .1/7. 5 [Auidt. L884). 

Sec. 12. Xo person, for an indictable offense, shall be proceeded 
against criminally bv information, oxcent in cases arising in the land 
or naval forces, or in the militia, when in actual service in time of war 



215 

or public danger, or by leave of court for oppression or misdemeanor 
in office.— Ky. 1 1891 ), Bill of Rights. 

Sec. 7. No person shall be held to answer for a capital or infamous 
crime, unless on a presentment or indictment of a grand jury, except 
in cases of impeachment, or in such cases of offenses as are usually 
cognizable by a justice of the peace, or in cases arising in the army 
or navy, or in the militia when in actual service in time of Avar or 
public danger. The legislature shall provide by law a suitable and im- 
partial mode of selecting juries and their usual number and unanimity, 
in indictments and convictions, shall be held indispensable. — Me. (1819), 
Art. 1. 

Sec. 7. No person shall be held to answer for a criminal offense 
without due process of law, and no person for the same offense shall 
be put twice in jeopardy of punishment, nor shall be compelled in any 
criminal case to be a witness against himself, nor be deprived of life, 
liberty or property without due process of law. All persons shall be- 
fore conviction be bailable by sufficient sureties, except for capital 
offenses when the proof is evident or the presumption great; and the 
privilege of the writ of habeas corpus shall not be suspended unless 
when in case of rebellion or invasion the public safety may require.- 
31 inn. (1857), Art. 1. 

Sec. 27. No person shall, for any indictable offense, be proceeded 
against criminally by information, except in cases arising in the land 
or naval forces, or the military when in actual service, or by leave of 
the court for misdemeanor in office; but the legislature, in cases not 
punishable by death or by imprisonment in the penitentiary, may dis- 
pense with the inquest of the grand jury, and may authorize prosecu- 
tions before justices of the peace, or such other inferior court or courts 
as mav be established, and the proceedings in such cases shall be regu- 
lated by law.— Miss. (1890), Art. 3. 

Sec. 12. No person shall be prosecuted criminally for felony or 
misdemeanor otherwise than by indictment or information, which shall 
be concurrent remedies, but this shall not be construed to apply to 
cases arising in the land or naval forces or in the militia when in 
actual service in time of war or public danger. — Mo. (1875), Art. 2. 

Sec. 8. Criminal offenses of which justices courts and municipal 
and other courts, inferior to the district courts, have jurisdiction, shall, 
in all courts inferior to the district court be prosecuted by complaint. 
All criminal actions in the district court, except those on appeal, shall 
be prosecuted by information, after examination and commitment, by 
a magistrate, or after leave granted by the court, or shall be prosecuted 
by indictment without such examination or commitment, or without 
such leave of the court. A grand jury shall consist of seven persons, 
of whom five must concur to find an indictment. 

A grand jury shall only be drawn and summoned when the district 
judge shall in his discretion consider it necessarv, and shall so order. 
—Mont. (1889), Art. 3. 



210 

Sec. 10. No person shall be held to answer for a criminal offense, 
except in cases in which the punishment is by fine, or imprisonment 
otherwise than in the penitentiary in case of impeachment, and in 
cases arising in the army and navy, or in the militia when in actual 
service in time of war or public danger, unless on a presentment or in- 
dictment of a grand jury: Provided, That the legislature made by law 
provide for holding persons to answer for criminal offenses on informa- 
tion of a public prosecutor; and may by law, abolish, limit, change, 
amend or otherwise regulate the grand jury system. — Neb. (187.')). 
Art. 1. 

Sec. 8. No person shall be tried for a capital or other infamous 
crime (except in cases of impeachment, and in cases of the militia 
when in actual service, and the land and naval forces in time of war, 
or which this state may keep, with the consent of congress, in time 
of peace, and in case of petit larceny, under the regulation of the 
legislature), except on presentment or indictment of a grand jury; and 
in any trial in any court whatever the party accused shall be allowed 
to appear and defend in person and with counsel, as in civil actions. 
No person shall be subject to be twice put in jeopardy for the same 
offense; nor shall he be compelled in any criminal case, to be a wit- 
ness against himself; nor be deprived of life, liberty, or property, with- 
out due process of law; nor shall private property be taken for public 
use without just compensation having been first made or secured, ex- 
cept in cases of war, riot, fire, or great public peril, in which case 
compensation shall be afterward made. — Nev. (1SG4), Art. 1. 

9. No person shall be held to answer for a criminal offense, unless 
on the presentment or indictment of a grand jury, except in cases of 
impeachment, or in cases cognizable by justices of the peace, or arising 
in the army or navy; or in the militia, when in actual service in time 
of war or public danger. — N. J. (1844), Art. 1, Sec. 9. 

Sec. 12. No person shall be put to answer any criminal charge, 
except as hereinafter allowed, but by indictment, presentment or im- 
peachment.— IV. C. (1875), Art. 1. 

Sec. 8. Until otherwise provided by law, no person shall, for a 
felony, be proceeded against criminally, otherwise than by indictment, 
except in cases arising in the land or naval forces, or in the militia 
when in actual service in time of war or public danger. In all other 
cases, offenses shall be prosecuted criminally by indictment or informa 
tion. The legislative assembly may change, regulate or abolish the 
grand jury system.— Y. Dak. (1889), Art. 1. 

See. 17. No person shall be prosecuted criminally in courts of re- 
cord for felony or misdemeanor otherwise than by presentment or in- 
dict men I or by information. No person shall be prosecuted for a 
felony by information without having had a preliminary examination 
before an examining magistrate, or having waived such preliminary 
examination. Prosecutions may be instituted in courts not of record 
upon a duly verified complaint. — Olcta. (1907). Art. 2. 



217 

Sec. 18. A grand jury shall be composed of twelve men, any nine 
of whom concurring may find an indictment or true bill. A grand 
jury shall be convened upon the order of a judge of a court having the 
power to try and determine felonies, upon his own motion; or such 
grand jury shall be ordered by such judge upon the filing of a petition 
therefor signed by one hundred resident taxpayers of the county; when 
so assembled such grand jury shall have power to investigate and return 
indictments for all character and grades of crime, and such other 
powers as the legislature may prescribe: Provided, That the legislature 
may make the calling, of a grand jury compulsory. — Olda. (1907), Art. 2. 

Sec. 10. No person shall, for any indictable offense, be proceeded 
against criminally by information except in cases arising in the land or 
naval forces, or in the militia, when in actual service, in time of war 
or public danger or by leave of the court, for oppression or misde- 
meanor in office. No person shall, for the same offense, be twice put 
in jeopardy of life or limb; nor shall private property be taken or 
applied to public use, without authority of law and without just com- 
pensation being first made or secured. — Pa. (1873), Art. 1. 

Sec. 7. No person shall be held to answer for a capital or other in- 
famous crime, unless on presentment or indictment by a grand jury, 
except in cases of impeachment, or of such offences as are cognizable 
by a justice of the peace ; or in cases arising in the land or naval forces, 
or in the militia when in actual service in time of war or public 
danger. No person shall, after an acquittal, be tried for the same 
offence.— ft. I. (1842), Art. 1. 

Sec. 17. No person shall be held to answer for any crime where 
the punishment exceeds a fine of one hundred dollars or imprisonment 
for thirty days, with or without hard labor, unless on a presentment 
or indictment of a grand jury of the county where the crime shall 
have been committed, except in cases arising in the land or naval forces 
or in the militia when in actual service in time of war or public danger; 
nor shall any person be subject for the same offence to be twice put 
in jeopardy of life or liberty, nor shall be compelled in any criminal 
case to be a witness against himself. Private property shall not be 
taken for private use without the consent of the owner, nor for public 
use without just compensation being first made therefor. — S. C. (1895), 
Art. 1. 

Sec. 10. No person shall be held for a criminal offence unless on 
the presentment or indictment of the grand jury, or information of the 
public prosecutor, except in cases of impeachment, in cases cognizable 
by county courts, by justices of the peace, and in cases arising in the 
army and navy, or in the militia when in actual service in time of war 
or public danger: Provided, That the grand jurv may be modified or 
abolished by law.— S. D. (1889), Art. 6. 

Sec. 14. That no person shall be put to answer any criminal charge 
but by presentment, indictment or impeachment. — Tenn. (1870), Art. 1. 
28— Jud. Dept. 



218 

Sec. L3. Offences heretofore required to be prosecuted by indictment, 
shall be prosecuted by information after examination and commitment 
by a magistrate, unless the examination be waived by the accused with 
the consenl of the state, or by indictment, with or without such ex- 
amination and commitment. The grand jury shall consist of seven per- 
sons, five of whom must concur to find an indictment; but no grand 
jury shall be drawn or summoned unless in the opinion of the judge of 
the district, public interest demands it. — Utah (1896), Art. 1. 

Sec. 25. Offenses heretofore required to be prosecuted by indict- 
ment may be prosecuted by information or by indictment as shall be 
prescribed by law.— Wash. (1889), Art. 1. 

Sec. 20. Xo grand jury shall be drawn or summoned in any county, 
except the superior judge thereof shall so order. — Wash. (1889), Art. 1. 

Sec. S. No person shall be held to answer for a criminal offense 
without due process of law, and no person, for the same offense, shall be 
put twice in jeopardy of punishment, nor shall be compelled in any 
criminal case to be a witness against himself. All persons shall be- 
fore conviction be bailable by sufficient sureties, except for capital 
offenses when the proof is evident or the presumption great; and the 
privilege of the writ of habeas corpus shall not be suspended unless 
when in case of rebellion or invasion the public safetv may require it. 
— IT/s. (1848), Amdt. Art. 1. 

Sec. 13. Until otherwise provided by law, no person shall, for a 
felony, be proceeded against criminally, otherwise than by indictment, 
except in cases arising in the land or naval forces, or in the militia 
when in actual service in time of war or public danger. — Wyo. (1889), 
Art. 1. 

RIGHTS OF PARTIES ACCUSED. 

i 100) Sec. 28. In every criminal prosecution the accused shall have 
the right to a speedy and public trial b\) an impartial jury, which may 
consist of less than twelve me)\ in all courts not of record: to be in- 
formed of the nature of the accusation; to be confronted with the wit- 
nesses against him: to have compulsory process for obtaining witnesses 
in his furor, and hare the assistance of counsel for his defense. — Mich. 
I L850), Art. 0. 

See. f>. That in all criminal prosecutions the accused has a right 
to he heard by himself and counsel, oi- either; to^demand the nature 
and cause of the accusation ami to have a copy thereof; to be con- 
fronted by the witnesses againsl him: to have compulsory process for 
obtaining witnesses in his favor; to testily in all cases in his own be- 
half, if he elects so to do; ami in all prosecutions by Indictment, a 
•iy public trial, by an impartial jury of the county or district in 
which the offense was committed; and he shall not be compelled to give 
evidence against himself, nor be deprived of life, liberty or property, 
excepl by due | pocess of law; but the legislature may, by a general law, 



219 

provide for a change of venue at the instance of the defendant in all 
prosecutions by indictment, and such change of venue on application 

of (he defendant, may he heard and determined without the personal 
presence of the defendant so applying therefor: Provided, That at the 
lime of the application for the change of venue, the defendant is im- 
prisoned in jail or some legal place of confinement. — Ala. (1901), Art. 1. 

Sec. 10. In all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public trial by an impartial jury of the county 
in which the crime shall have been committed: Provided, That the 
venue may be changed to any other county of the judicial district 
in which the indictment is found, upon the application of the accused, 
in such a manner as now is, or may be, prescribed by law; and to 
be informed of the nature and cause of the accusation against him, 
and to have a copy thereof; and to be confronted with the witnesses 
against him; to have compulsory process for obtaining witnesses in 
his favor, and to be heard bv himself and his counsel. — Ark. (1774), 
Art. 2. 

Sec. 13. In criminal prosecutions, in any court whatever, the party 
accused shall have the right to a speedy and public trial ; to have the 
process of the court to compel the attendance of witnesses in his be- 
half, and to appear and defend, in person and with counsel. No person 
shall be twice put in jeopardy for the same offense ; nor be compelled, 
in any criminal case to be a witness against himself; nor be deprived 
of life, liberty, or property without due process of law. The legislature 
shall have power to provide for the taking, in the presence of the 
party accused and his counsel, of depositions of witnesses, in criminal 
cases other than cases of homicide, when there is reason to believe that 
the witnesses, from inability or other cause, will not attend at the 
-trial.— Gal. (1880), Art. 1. 

Sec. 16. That in criminal prosecutions the accused shall have the 
right to appear and defend in person and by counsel ; to demand the 
nature and cause of the accusation; to meet the witnesses against him 
face to face; to have the process to compel the attendance of witnesses 
in his behalf, and a speedy public trial by an impartial jury of the 
county or district in which the offense is alleged to have been com- 
mitted.— Colo. (1876), Art. 2. 

Sec. 9. In all criminal prosecutions, the accused shall have the 
right to be heard by himself and by counsel; to demand the nature 
and cause of the accusation; to be confronted by the witnesses against 
him ; to have compulsory process to obtain witnesses in his favor ; 
and in all prosecutions, by indictment or information, a speedy public 
trial by an impartial jury. He shall not be compelled to give evi- 
dence against himself nor be deprived of life, liberty, or property, but 
by due course of law. And no person shall be holden to answer for 
any crime, the punishment of which may be death or imprisonment for 
life, unless on a presentment or indictment of a grand jury; except in 
the land or naval forces, or in the militia when in actual service in 
time of war or public danger. — Conn. (1818), Art. 1. 



220 

Sec. 7. In all criminal prosecutions, the accused hath a right to 
be heard by himself and his counsel, to be plainly and fully informed 
of the nature and cause of the accusation against him, to meet the 
witnesses in their examination face to face, to have compulsory pro- 
cess in due time, on application by himself, his friends or counsel, for 
obtaining witnesses in his favor, and a speedy and public trial by an 
impartial jury; lie shall not be compelled to give evidence against him- 
self, nor shall lie be deprived of life, liberty or property, unless by 
the judgment of his peers or by the law of the land. — Del (IS97), Art. i. 

Sec. 11. In all criminal prosecutions the accused shall have the 
light to a speedy and public trial, by an impartial jury, in the county 
where the crime was committed, and shall be heard by himself, or 
counsel, or both, to demand the nature and cause of the accusation 
againsi him, to meet the witnesses against him face to face, and have 
compulsory process for the attendance of witnesses in his favor, and 
shall be furnished with a copy of the indictment against him. — 11a. 
(1885), Bill of Rights. 

Sec. 14. No person shall be compelled to pay costs except after con- 
viction, on a final trial.— Fla. (1885), Bill of Rights. 

Sec. 1. Par. 4. No person shall be deprived of the right to prose- 
cute or defend his own cause in any of the courts of this state, in per- 
son, by attorney, or both. — Ga. (1877), Art. 1. 

Sec. 1. Tar. 5. Every person charged with an offense against the 
laws of this state shall have the privilege and benefit of counsel ; shall 
be furnished, on demand, with a. copy of the accusation, and a list 
of the witnesses on whose testimony the charge against him is founded ; 
shall have compulsory process to obtain the testimony of his own wit- 
nesses; shall be confronted with the witnesses testifying against him, 
and shall have a public and speedv trial bv an impartial jury. — Ga. 
(1877), Art. 1. 

Sec. 1. Par. 10. No person shall be compelled to pay costs, ex 
cept after conviction on final trial. — Ga. (1877), Art. 1. 

Sec. 13. In all criminal prosecutions, the party accused shall have 
the right to a speedy and public trial; to have the process of the court 
to compel the attendance of witnesses in his behalf, and to appear- 
and defend in person and with counsel. 

No person shall be put twice in jeopardy for the same 1 offense; nor be 
compelled in any criminal case to be a witness againsi himself, nor 
be deprived of life, liberty or property without due process of law. — 
Idaho i L889), Art. 1. 

Sec. <). In all criminal prosecutions the accused shall have the 
right to appear and defend in person and by counsel; to demand the 
nature and cause of (he accusal ion, and to have a copy thereof; to 
mcel l he witnesses face to face, and to have process to compel the 
attendance of witnesses in his behalf, and a speedy public trial by 



221 

an impartial jury of the county or district in which the offense is 
alleged to have been committed. — 77/. (1870), Art. 2. 

Sec. 13. In all criminal prosecutions the accused shall have the 
right to a public trial, by an impartial jury in the county in which, 
the offense shall have been committed; to be heard by himself and 
counsel ; to demand the nature and cause of the accusation against 
him, and to have a copy thereof; to meet the witnesses face to face. 
and to have compulsorv process for obtaining witnesses in his favor. — 
I ,id. (1851), Art. 1. 

Sec. 10. In all criminal prosecutions, and in cases involving the 
life or liberty of an individual, the accused shall have a right to a 
speedy and public trial by an impartial jury; to be informed of the 
accusation against him ; to have a copy of the same when demanded ; to 
be confronted with the witnesses against him; to have compulsory 
process for his witnesses; and to have the assistance of counsel. — 
Ioica (1857), Art. 1. 

Sec. 10. In all prosecutions, the accused shall be allowed to appear 
and defend in person, or by counsel; to demand the nature and cause 
of the accusation against him, to meet the witness face to face, and 
to have compulsory process to compel the attendance of witnesses in 
his behalf, and a speedy public trial by an impartial jury of the 
county or district in which the offense is alleged to have been com- 
mitted. Xo person shall be a witness against himself, or be twice 
put in jeopardy for the same offense. — Kan. (1859), Bill of Rights.. 

Sec. 11. In all criminal prosecutions the accused has the right to 
be heard by himself and counsel: to demand the nature and cause of 
the accusation against him; to meet the witnesses face to face, and 
to have compulsory process for obtaining witnesses in his favor. He 
can not be compelled to give evidence against himself, nor can he be 
deprived of his life, liberty or property, unless by the judgment of 
his peers or the law of the land; and in prosecutions by indictment 
or information, he shall have a speedy public trial by an impartial 
jury of the vicinage; but the general assembly may provide by a gen- 
eral law for a change of venue in such prosecutions for both the de- 
fendant and the commonwealth, the change to be made to the most con- 
venient county in which a fair trial can be obtained. — Ky. (1891), Bill 
of Rights. 

Art. 9. In all criminal prosecutions the accused shall have the 
right to a speedy public trial by an impartial jury : Provided. That cases 
in which the penalty is not necessarily imprisonment at hard labor, 
or death, shall be tried by the court without a jury or by a jury less 
than twelve in number, as provided elsewhere in the constitution: Pro- 
vided further, That all trials shall take place in the parish in which 
the offense was committed, unless the venue be changed. The accused 
in every instance, shall have the right to be confronted with the wit- 
nesses against him; he shall have the right to defend himself, to have 
the assistance of counsel, to have compulsory process for obtaining 



222 

witnesses in his favor. Prosecutions shall be by indictment or in 
formation; but the legislature may provide for the prosecution of mis- 
demeanors on affidavits: Provided, That no person shall be held to 
answer for a capital crime unless on a presentment or indictment by 
a grand jury, except in cases arising in the militia when in actual ser- 
vice in time of war or public danger; nor shall any person be twice 
I ml in jeopardy of life or liberty for the same offense, except on his 
own application for a new trial, or where there is a mistrial, or a 
motion in arrest of judgment is sustained. — La. (1898), Art. 9. 

Art. 10. In all criminal prosecutions, the accused shall be informed 
of the nature and cause of the accusation against him; and when 
tried by jury shall have the right to challenge jurors peremptorily, 
the number of challenges to be fixed by law. — La. (1898), Art. 10. 

Sec. 0. In all criminal prosecutions, the accused shall have a right 
to be heard by himself and his counsel, or either, at his election ; 

To demand the nature and cause of the accusation, and have a copy 
thereof ; 

To be confronted by the witnesses against him ; 

To have compulsory process for obtaining witnesses in his favor; 

To have a speedy, public and impartial trial, and, except in trials by 
martial law or impeachment, by a jury of the vicinity. He shall not 
be compelled to furnish or give evidence against himself, nor be de- 
prived of his life, liberty, property or privileges, but by judgment of his 
peers or by the law of the land. — Me. (1819), Art. 1. 

Art. 21. That in all criminal prosecutions, every man hath a. right 
to be informed of the accusation against him; to have a copy of the 
indictment, or charge in due time (if required) to prepare for his 
defense; to be allowed counsel; to be confronted with the witnesses 
against him; to have process for his witnesses; to examine the wit- 
nesses for and against him on oath ; and to a speedy trial by an im- 
partial jury, without whose unanimous consent he ought not to be 
found guilty. — Md. (18G7), Dec. of Rights. 

Art. 1. No subject shall be held to answer for any crimes or offense. 
until the same is fully and plainly, substantially and formally, described 
to him; or be compelled to accuse, or furnish evidence against himself. 
Ami every subject shall have a right to produce all proofs that may 
be favorable to him; to meet the witnesses against him face to face, 
and to be fully heard in his defense by himself, or his counsel, at his 
election. And no subject shall be arrested, imprisoned, dispelled, or 
deprived of his property, immunities, or privileges, put of the pro- 
tection of the law, exiled, or deprived of his life, liberty, or estate, but 
by the judgnieiil of his peers, or the law of the land. 

And the legislature shall noi make any law that shall subject any 
person to a capital or infamous punishment, excepting for the govern- 
ment of i he army and navy, without trial by jury. — Mass. (1780), 
Part 1. 

Sec. (;. In all criminal prosecutions tin 1 accused shall enjoy the 



223 

right to a speedy and public trial, by an impartial jury of the county 
or district wherein the crime shall have been committed, which comity 
or district shall have been previously ascertained by law, and to be 
informed of the nature and cause of the accusation, to be confronted 
with the witnesses against him, to have compulsory process for obtaining 
witnesses in his favor, and to have the assistance of counsel in his de- 
fense. — Minn. (1857), Art. 1. 

Sec. 20. In all criminal prosecutions the accused shall have a right 
to be heard by himself or counsel, or both, to demand the nature and 
cause of the accusation, to be confronted by the witnesses against 
him, to have compulsory process for obtaining witnesses in his favor, 
and, in all prosecutions by indictment or information, a speedy and 
public trial by an impartial jury of the county where the offense was 
committed ; and he shall not be compelled to give evidence against him- 
self; but in prosecutions for rape, adultery, fornication, sodomy or 
the crime against nature the court may, in its discretion, exclude from 
the courtroom all persons except such as are necessarv in the conduct 
of the trial.— Miss. (1890), Art. 3. 

Sec. 22. In criminal prosecutions the accused shall have the right 
to appear and defend, in person and by counsel; to demand the nature 
and cause of the accusation ; to meet the witnesses against him face to 
face ; to have process to compel the attendance of witness in his behalf ; 
and a speedy, public trial bv an impartial jury of the countv. — Mo. 
(1875), AH. 2. 

Sec. 16. In all criminal prosecutions the accused shall have the 
right to appear and defend in person and by counsel; to demand the 
nature and cause of the accusation; to meet the witnesses against him 
face to face; to have process to„compel the attendance of witnesses in 
his behalf, and a speedy public trial by an impartial jury of the county 
or district in which the offense is alleged to have been committed, sub- 
ject to the right of the state to have a change of venue for any of the 
causes for which the defendant mav obtain the same. — Jlont. (1889), 
Art. 3. 

Sec. 11. In all criminal prosecutions the accused shall have the right to 
appear and defend in person or by counsel, to demand the nature and 
cause of accusation and to have a copy thereof; to meet the witnesses 
against him face to face; to have process to compel the attendance of 
witnesses in his behalf; and a speedy public trial by an impartial jury 
of the county or district in which the offense is alleged to have been 
committed. — Xel). (1875), Art. 1. 

Art. 15. Xo subject shall be held to answer for any crime or offense 
until the same is fully and plainly, substantially and formally, de- 
scribed to him, or be compelled to accuse or furnish evidence against 
himself. And every subject shall have a right to produce all proofs 
that may be favorable to himself, to meet the witnesses against hirn 
face to face, and to be fully heard in his" defense by himself and coun- 
sel. And no subject shall be arrested, imprisoned, despoiled, or de- 



224 

prived of his property, immunities, or privileges, put out of the protection 
of the law, exiled, or deprived of life, liberty, or estate, but by the 
judgment of his peers or the laws of the laud. — N. B., Part. 1, Art. 15. 

8. In all criminal prosecutions the accused shall have the right to 
a speedy and public trial by an impartial jury; to be informed of the 
nature 1 and cause of the accusation; to be confronted with the wit- 
nesses against him; to have compulsory process for obtaining witnesses 
in his favor, and to have the assistance of counsel in his defence. — 
Y. J. (1844), Art. 1. 

Sec. 6. Xo person shall be held to answer for a capital or other- 
wise infamous crime (except in cases of impeachment, and in cases of 
militia when in actual service, and the land and naval forces in time 
of Avar, or which this state may keep with the consent of congress in 
time of peace, and in cases of petit larceny, under the regulations of the 
legislature), unless on presentment or indictment of a grand jury, and 
in any trial in any court whatever the party accused shall be allowed 
to appear and defend in person and with counsel as in civil actions. 
Xo person shall be subject to be twice put in jeopardy for the same 
offense; nor shall he be compelled in any criminal case to be a witness 
against himself; nor be deprived of life, liberty or property without 
due process of law; nor shall private property be taken for public use, 
without just compensation. — N. J. (1894), Art. 1. 

Sec. 11. In all criminal prosecutions, every man has the right to be 
informed of the accusation against him and to confront the accusers 
and witnesses with other testimony, and to have counsel for his de- 
fense, and not be compelled to give evidence against himself or to pay 
costs, jail fees, or necessarv witness fees of the defense, unless found 
guilty.— iV. C. (1875), Art. 1. 

Sec. 13. In criminal prosecutions in any court whatever, the party 
accused shall have the right to a speedy and public trial ; to have the 
process of the court to compel the attendance of witnesses in his be- 
half; and to appear and defend in person and with counsel. Xo per- 
son shall be twice put in jeopardy for the same offense, nor be com- 
pelled in any criminal case to be a witness against himself, nor be 
deprived of life, liberty or property without due process of law. — 
N. Dak. (1889), Art. 1. 

Sec. 10. Except in cases of impeachment, and cases arising in the 
army and navy, or in the militia when in actual service in time of war 
or public danger, and in cases of petit larceny and other inferior of- 
fenses, no person shall be held to answer for a capital, or otherwise 
infamous crime, unless on presentment or indictment of a grand jury*. 
In any trial, in any court, the partv accused shall be allowed to ap- 
pear and defend in person and with counsel; to demand the nature and 
cause of the accusation against him, and to have a copy thereof; to 
meet the witnesses face to face, and to have compulsory process to 
procure the attendance of witnesses in his behalf, and a speedy public 
trial by an impartial jury of the county or district, in which the of- 



225 

fense is alleged to have been committed; nor shall any person be com- 
pelled, in any criminal ease, to be a witness against himself, or be 
twice put in jeopardy for the same offense. — Ohio (1851), Art. 1. 
* 
Sec. 20. In all criminal prosecutions the accused shall have the right 
to a speedy and public trial by an impartial jury of the county in which 
the crime shall have been committed : Provided, That the venue may be 
changed to some other county of the state, on the application of the ac- 
cused, in such manner as may be prescribed by law. He shall be in- 
formed of the nature and cause of the accusation against him and 
have a copy thereof, and be confronted with the witnesses against him, 
and have compulsory process for obtaining witnesses in his behalf. 
He shall have the right to be heard by himself and counsel ; and in capi- 
tal cases, at least two days before the case is called for trial, he shall 
be furnished with a list of the witnesses that will be called in chief, 
to prove the allegations of the indictment or information, together 
with their postoffice addresses. — OJcla. (1907), Art. 2. 

Sec. 11. In all criminal prosecutions, the accused shall have the 
right to public trial by an impartial jury in the county in which the 
offense shall have been committed; to be heard by himself and counsel; 
to demand the nature and cause of the accusation against him, and 
to have a copy thereof; to meet the witnesses face to face, and to have 
compulsory process for obtaining witnesses in his favor. — Ore. (1857), 
Art. 1. 

Sec. 9. In all criminal prosecutions, the accused hath a right to be 
heard by himself and his counsel, to demand the nature and cause of the 
accusation against him, to meet the witnesses face to face, to have com- 
pulsory process for obtaining witnesses in his favor, and in prosecutions 
by indictment or information, a speedy public trial by an impartial 
jury of the vicinage; he cannot be compelled to give evidence against 
himself, nor can he be deprived of his life, liberty or property unless by 
the judgment of his peers or the law of the land. — Pa. (1873), Art. 1. 

Sec. 10. In all criminal prosecutions, the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury; to be in-, 
formed of the nature and cause of the accusation, to be confronted 
with the witnesses against him, to have compulsory process for ob- 
taining them in his favor, to have the assistance of counsel in his de- 
fense, and shall be at liberty to speak for himself; nor shall he be de- 
prived of life, libertv, or property, unless bv the judgment of his peers, 
or the law of the land.— R. I. (1842), Art. 1. 

Sec. 14. Every man being presumed innocent, until he is pronounced 
guilty by the law, no act of severity which is not necessary to secure 
an accused person shall be permitted. — R. I. (1842), Art.-l. 

Sec. 18. In all criminal prosecutions the accused shall enjoy the 
right to a speedy and public trial by an impartial jury; and to be 
fully informed of the nature and cause of the accusation; to be con 
fronted with the witnesses against him; to have compulsory process 
29— Jud. Dept. 



226 

for obtaining witnesses in his favor, and to be fully heard in his de- 
fense by himself or by his counsel or by both. — S. G. (1895), Art. 1. 

Sec. 7. In all criminal prosecutions the accused shall have the right 
to defend in person and by counsel; to demand the nature and cause 
of the accusation against him; to have a copy thereof; to meet the 
witnesses against him face to face; to have compulsory process served 
for obtaining witnesses in his behalf, and to a speedy public trial by 
an impartial jury of the county or district in which the offense is 
alleged to have been committed. — 8. Dak. (1889), Art. 6. 

Sec. 9. That in all criminal prosecutions the accused hath the right 
to be heard by himself and his counsel ; to demand the nature and 
cause of the accusation against him, and to have a copy thereof, to 
meet the witnesses face to face, to have compulsory process for obtain- 
ing witnesses in his favor, and, in prosecutions by indictment or pre- 
sentment, a speedy public trial, by an impartial jury of the county 
in which the crime shall have been committed, and shall not be com- 
pelled to give evidence against himself. — Term. (1870), Art. 1. 

Sec. 32. That the erection of safe and comfortable prisons, the in- 
spection of prisons, and the humane treatment of prisoners shall be 
provided for.— Term. (1870), Art. 1. 

Sec. 10. In all criminal prosecutions the accused shall have a speedy 
public trial by an impartial jury. He shall have the right to demand 
the nature and cause of the accusation against him, and to have a 
copy thereof. He shall not be compelled to give evidence against him- 
self. He shall have the right of being heard by himself or counsel or 
both; shall be confronted with the witnesses against him, and shall 
have compulsory process for obtaining witnesses in his favor. And no 
person shall be held to answer for a criminal offense, unless on indict- 
ment of a grand jury, except in cases in which the punishment is by 
fine, or imprisonment otherwise than in the penitentiary, in cases of 
impeachment, and in cases arising in the army or navy, or in the militia, 
when in actual service in time of war or public danger. — Tex. (1875), 
,1/7. 1. 

Sec. 12. In criminal prosecutions the accused shall have the right 
to appear and defend in person and by counsel, to demand the nature 
and cause of the accusation against him, to have a copy thereof, to 
testify in his own behalf, to be confronted by the witnesses against 
hi in. to have compulsory process to compel the attendance of witnesses 
in his own behalf, to have a speedy public trial by an impartial jury 
of (lie county or district in which the offense is alleged to have been 
committed, and the right to appeal in all cases. In no instance shall 
any accused person, before final judgment, be compelled to advance 
money or fees to secure the rights herein guarantee^. The accused 
shall not be compelled to give evidence against himself; a wife shall 
not be compelled to testify against her husband, nor a husband against 
his wife, nor shall any person be twice put in jeopardv for the same 
olTense.— Utah ( L896), Art. 1. 



227 

Art. 10. That in all prosecutions for criminal offenses, a person 
hath a right to be heard by himself and his counsel ; to demand the 
cause and nature of his accusation; to be confronted with the wit- 
nesses; to call for evidence in his favor, and a speedy public trial by 
an impartial jury of the country; without the unanimous consent of 
which jury, he cannot be found guilty; nor can he be compelled to 
give evidence against himself; nor can any person be justly deprived 
of his liberty, except by the laws of the land, or the judgment of his 
peers.— Vt. (1793), Chap. 1. 

Sec. 22. In criminal prosecutions, the accused shall have the right 
to appear and defend in person and by counsel, to demand the nature 
and cause of the accusation against him, to have a copy thereof, to 
testify in his own behalf, to meet the witnesses against him face to face, 
to have compulsory process to compel the attendance of witnesses in 
his own behalf, to have a speedy public trial by an impartial jury of 
the county in which the offense is alleged to have been committed, and 
the right to. appeal in all cases ; and in no instance shall any accused 
person before final judgment be compelled to advance money or fees 
to secure the rights herein guaranteed. — Wash. (1889), Art. 1. 

Sec. 7. In all criminal prosecutions, the accused shall enjoy the 
right to be heard by himself and counsel; to demand the nature and 
cause of the accusation against him ; to meet the witnesses face to face ; 
to have compulsory process to compel the attendance of witnesses in 
his behalf; and in prosecution by indictment, or information, to a 
speedy public trial by an impartial jury of the county or district where- 
iD the offense shall have been committed; which county or district 
shall have been previously ascertained by law. — Wis. (1848), Art. 1. 

Sec. 10. In all criminal prosecutions the accused shall have the 
right to defend in person and by counsel, to demand the nature and 
cause of the accusation, to have a copy thereof, to be confronted with 
the witnesses against him, to have compulsory process served for ob- 
taining witnesses, and' to a speedy trial by an impartial jury of the 
county or district in which the offense is alleged to have been com- 
mitted.— Wyo. (1889), Art. 1. 

Sec. 16. Xo person arrested and confined in jail shall be treated 
with unnecessary rigor. The erection of safe and comfortable prisons, 
and inspection of prisons, and the humane treatment of prisoners shall 
be provided for.— Wyo. (1889), Art. 1. 



IMMUNITY AFTER ACQUITTAL; RIGHT OF BAIL. 

(101) Sec. 29. Xo person after acquittal upon the merits shall be 
tried for the same offense. All persons shall, before conviction, be 
bailable by sufficient sureties except for murder and treason when the 
proof is evident or the presumption great. — Mich. (1850), Art. 6. 

Sec. 9. That no person shall, for the same offense, be twice put in 



228 

jeopardy of life or limb ; but courts may, for reasons fixed by law, 
discharge juries from the consideration of any case, and no person shall 
gain any advantage by -reason of such discharge of the jury. — Ala. 
(1901), Art. 1. 

Sec. 16. That all persons shall, before conviction, be bailable by 
sufficient sureties, except for capital offenses, when the proof is evi- 
dent or the presumption great; and that excessive bail shall not in 
any case be required. — Ala. (1901), Art. 1. 

Sec. 19. That all persons shall be bailable by sufficient sureties, 
except for capital offenses, when the proof is evident or the presump- 
tion great.— Colo. (1876), Art. 2. 

Sec. 12. No person shall be subject to be twice put in jeopardy for 
the same offense, nor compelled in any criminal case to be a witness 
against himself, nor be deprived of life, liberty or property without 
due process of law; nor shall private property be taken without just 
compensation. — Flu. (1885), Bill of Rights. 

Sec. 14. No person shall be put in jeopardy twice for the same of- 
fense. No person, in any criminal prosecution, shall be compelled to 
testify against himself. — Ind. (1851), Ajrt. 1. 

Sec. 14. All prisoners shall, before conviction, be bailable by suffi- 
cient sureties, except for capital offenses, where the proof is evident, 
or the presumption great; and the privileges of the writ of habeas cor- 
pus shall not be suspended, unless when, in case of rebellion or in- 
vasion, the public safety may require it; nor in any case, but by the 
legislature.— Conn. (1818), Art. 1. 

Sec. 12. All prisoners shall be bailable by sufficient sureties, unless 
for capital offenses when the proof is positive or the presumption great; 
and when persons are confined on accusation for such offenses their 
friends and counsel may at proper seasons have access to them. — 
Del. (1897), Art. 1. 

Sec. 9. All persons shall be bailable by sufficient sureties, except 
for capita] offenses, where the proof is evident or the presumption great. 
r-FU. (1885), Bill of Rights. 

Sec. 1. Par. 8. No person shall be put in jeopardy of life, or lib- 
erty, more than once for the same offense, save on his, or her, own 
motion for a new trial after conviction, or in ease of mistrial. — (/'</. 
(1877), Art. 1. 

Sec. (>. All persons shall be bailable by sufficient sureties, except 
for capital offenses, where the proof is evident or the presumption 
great. Excessive bail shall not be required, nor excessive fines imposed, 
nor cruel and unusual punishments inflicted. — Idaho (1889), Art. 1. 

. Sec. 7. All persons shall be bailable by sufficient sureties, except 



229 

for capital offenses, where the proof is evident or the presumption 
great; and the privilege of the writ of habeas corpus shall not be 
suspended, unless when in cases of rebellion or invasion the public 
safety may require it.— III. (1870), Art. 2. 

Sec. 17. Offenses, other than murder or treason, shall be bailable 
by sufficient sureties. Murder or treason shall not be bailable when 
the proof is evident, or the presumption strong. — Ind. (1851), Art. 1. 

Sec. 12. No person shall, after acquittal, be tried for the same 
offense. All persons shall, before conviction, be bailable by sufficient 
sureties, except for capital offenses, where the proof is evident, or the 
presumption great. — Iowa (1857), Art. 1. 

Sec. 9. All persons shall be bailable by sufficient sureties except for 
capital offenses, where proof is evident of the presumption great. Ex- 
cessive bail shall not be required, nor excessive fines imposed, nor cruel 
or unusual punishment inflicted. — Kan. (1859), Bill of Rights. 

Sec. 13. No person shall, for the same offense, be twice put in 
jeopardy of his life or limb, nor shall any man's property be taken or 
applied to public use without the consent of his representatives, and 
without just compensation being previously made to him. — Ky. (1891), 
Bill of Rights. 

Sec. 16. All prisoners shall be bailable by sufficient securities, un- 
less for capital offenses when the proof is evident or the presumption 
great; and the privilege of the writ of habeas corpus shall not be sus- 
pended unless when, in case of rebellion or invasion, the public safety 
may require it. — Ky. (1891), Bill of Rights. 

Sec. 8. No person, for the same offense, shall be twice put in jeo- 
pardy of life or limb.— M e. (1819), Art. 1. 

Sec. 10. A person charged with any of the following crimes, where 
the proof is evident and the presumption great, cannot be admitted 
to bail under this section before conviction, viz : — Treason, murder, 
rape, burglarv, robberv, when, armed with a dangerous weapon. — Me. 
(1819), Art. 1. 

Sec. 22. No person's life or liberty shall be twice placed in jeopardy 
for the same offense; but there must be an actual acquittal or con- 
viction on the merits to bar another prosecution. — Miss, (1890), Art. 3. 

Sec. 24. That all persons shall be bailable by sufficient sureties, ex- 
cept for capital offenses, when the proof is evident or the presumption 
great.— Mo. (1875), Art. 2. 

Sec. 19. All persons shall be bailable by sufficient sureties, except 
for capital offenses, when the proof is evident or the presumption great. 
—Mont. (1889), Art. 3. 



230 

Sec. 9. All persons shall be bailable by sufficient sureties, except 
for treason and murder, where the proof is evident or the presumption 
great. Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel and unusual punishments inflicted. — Neb. (1875), 
Art. 1. 

Sec. 12 . No person shall be compelled, in any criminal case, to give 
evidence against himself, or be twice put in jeopardv for the same of- 
fense.— Neb. (1875), Art. 1. 

Sec. 7. All persons shall be bailable by sufficient sureties, unless 
for capital offenses when the proof is evident or the presumption great. 
— Nev. (1864), Art. 1. 

Art. 16. No subject shall be liable to be tried, after an acquittal, 
for the same crime or offense; nor shall the legislature make any law 
that shall subject any person to a capital punishment (excepting for the 
government of the army and navy, and the militia in actual service) 
without trial by jury. — A T . H., Part 1, Art. 16. 

Sec. 10. No person shall, after acquittal, be tried for the same offense. 
All persons shall, before conviction, be bailable by sufficient sureties, 
except for capital offenses, when the proof is evident or presumption 
great.— A. J. (1844), Art. 1, Sec. 10. 

Sec. 6. All persons shall be bailable by sufficient sureties, unless for 
capital offenses when the proof is evident or the presumption great. 
Excessive bail shall not be required, nor excessive fines imposed, nor 
shall cruel or unusual punishments be inflicted. Witnesses shall not be 
unreasonably detained, nor be confined in anv room where criminals 
are actually imprisoned.— A. Dak. (1889), Art. 1, Sec. 6. 

Sec. 9. All persons shall be bailable by sufficient sureties, except 
for capital offenses where the proof is evident, or the presumption great. 
Excessive bail shall not be required; nor excessive fines imposed; nor 
cruel and unusual punishments inflicted. — Ohio (1851), Art. 1. 

Sec. 8. All persons shall be bailable by sufficient sureties, except for 
capital offenses when the proof of guilt is evident, or the presumption 
thereof is great— OhU. (1907), Art. 2. 

Sec. 12. No person shall be put in jeopardy twice for the same offense, 
nor be compelled in anv criminal prosecution to testifv against him- 
self.— Ore. (1857), Art. 1. 

Sec. 14. Offenses, except murder and treason, shall be bailable by 
sufficient sureties. Murder or treason shall not be bailable when the 
proof is evident or the presumption strong. — Ore. (1857), Art. 1. 

Sec. 14. All prisoners shall be bailable by sufficient sureties, unless 
for capital offenses, when the proof is evident or presumption great; 
and the privilege of the writ of habeas corpus shall not be suspended, 



231 

unless when in case of rebellion or invasion the public safety may re- 
quire it.— Pa, (1873), Art. 1. 

Sec. 9. All persons imprisoned ought to be bailed by sufficient surety, 
unless for offenses punishable by death or by imprisonment for life, 
when the proof of guilt is evident or the presumption great. The privi- 
lege of the writ of habeas corpus shall not be suspended, unless when 
in cases of rebellion or invasion the public safety shall require it; 
nor ever without the authoritv of the general assembly. — R, I. (1842), 
Art. 1. 

Sec. 20. All persons shall, before conviction, be bailable by sufficient 
sureties, except for capital offenses when the proof is evident or the 
presumption great. — S. C. (1895), Art. 1. 

Sec. 8. All persons shall be bailable by sufficient sureties, except 
for capital offenses when proof is evident or presumption great. The 
privilege of the writ of habeas corpus shall not be suspended unless, 
when in case of rebellion or invasion, the public safety may require 
it.— 8. D. (1889), Art. 6. 

Sec. 10. That no person shall, for the same offense, be twice put 
in jeopardy of life or limb. — Tenn. (1870), Art. 1. 

Sec. 11. All prisoners shall be bailable by sufficient sureties, unless 
for capital offenses when the proof is evident; but this provision shall 
not be so construed as to prevent bail after indictment found, upon ex- 
amination of the evidence in such manner as may be prescribed by law. 
— Tex. (1875), Art. 1. 

Sec. 14. No person, for the same offense shall be twice put in 
jeopardy of life or liberty; nor shall a person be again put upon trial 
for the same offense after a verdict of not guilty in a court of com- 
petent jurisdiction. — Tex. (1875), Art. 1. 

Sec. 8. All prisoners shall be bailable by sufficient sureties, except 
for capital offenses when the proof is evident or the presumption strong. 
—Utah (1896), Art. 1. 

Sec. 109. The general assembly shall provide by whom, and in what 
manner, applications for bail shall be heard and determined. — Va. 
(1902), Art. 6. 

Sec. 20. All persons charged with cr^me shall be bailable by suffi- 
cient sureties, except for capital offenses, when the proof is evident 
or the presumption great. — Wash. (1889), Art. 1. 



TREASON AND CONVICTION THEREOF. 

(102) Sec. 30. Treason against the state shall consist only m levy- 
ing war against or in adhering to its enemies, giving them aid and com- 



232 

fort. No person shall he convicted of treason unless upon the testi- 
mony of two witnesses to the same overt act, or on confession in open 
court.— Mich. (1850), Art 6. 

Sec. 18. That treason against the state shall consist only in levy- 
ing war against it, or adhering to its enemies, giving them aid and 
comfort; and that no person shall be convicted of treason, except on the 
testimony of two witnesses to the same overt act, or his own confession 
in open court. — Ala. (1901), Art. 1. 

Sec. 14. Treason against the state shall only consist in levying 
and making war against the same, or in adhering to its enemies, giv- 
ing them aid and comfort. No person shall be convicted of treason un- 
less on the testimony of two witnesses to the same overt act, or on 
confession in open court. — Ark. (1874), Art. 2. 

Sec. 20. Treason against the state shall consist only in levying war 
against it, adhering to its enemies, or giving them aid and comfort. No 
person shall be convicted of treason unless on the evidence of two wit- 
nesses to the same overt act, or confession in open court. — Cal. (1880) , 
Art. 1. 

Sec. 9. That treason against the state can consist only in levying war 
against it, or in adhering to the enemies, giving them aid and comfort; 
that no person can be convicted of treason unless on the testimony of 
two witnesses to the same overt act, or on his confession in open court; 
that no person can be attainted of treason or felony by the general 
assembly ; that no conviction can work corruption of blood or forfeiture 
of estates; that the estates of such persons as may destroy their own 
lives shall descend or vest as in cases of natural death. — Colo. (1876) , 
Art. 2. 

Sec. .4. Treason against the state shall consist only in levying war 
against it, or adhering to its enemies, giving them aid and comfort. No 
person shall be convicted of treason unless on the testimony of two 
witnesses to the same overt act, or on confession in open court. No 
conviction of treason or attainder shall work corruption of blood or 
forfeiture.— Conn. (1818), Art. 9. 

Sec. 3. Treason against this state shall consist only in levying war 
against it, or in adhering to the enemies of the government, giving them 
aid and comfort. No person shall be convicted of treason, unless on the 
(est imonv of two witnesses to the same overt act, or on confession in open 
court— Del (1897), Art. 6. 

Sec. 23. Treason against the state shall consist only in levying war 
againsl it. adhering to its enemies, or giving them aid and comfort; 
and no person shall be convicted of treason except on the testimony 
of two witnesses to the same overt act, or confession in open court, and 
no conviction for 1 reason shall work corruption of blood or for- 
feiture of estate. — Fhi. (1885), Dec. of Rights. 



233 

Sec. 2. Par. 2. Treason against the state of Georgia shall consist in 
levying war against her, adhering to her enemies, giving them aid and 
comfort. No person shall be convicted of treason except on the testi- 
mony of two witnesses to the same overt act, or confession in open court. 
— Ga. (1877), Art. 1. 

Sec. 5. Treason against the states shall consist only in levying war 
against it, or adhering to its enemies, giving them aid and comfort. No 
person shall be convicted of treason unless on the testimony of two wit- 
nesses to the same overt act, or on confession in open court. No convic- 
tion of treason or attainder shall work corruption of blood or forfeiture 
of estate.— Idaho (1889), Art. 5. 

Sec. 28. Treason against the state shall consist only in levying war 
against it, and giving aid and comfort to its enemies. — Ind. (1851), 
Art. 1. 

Sec. 29. No person shall be convicted of treason, except on the testi- 
mony of two witnesses to the same overt act, or upon his confession 
in open court. — Ind. (1851), Art. 1. 

Sec. 16. Treason against the state shall consist only in levying war 
against it, adhering to its enemies, or giving them aid and comfort. 
No person shall be convicted of treason, unless on the evidence of two 
witnesses to the same overt act, or confession in open court. — Ioicu 
(1857), Art. 1. 

Sec. 13. Treason shall consist only in levying w r ar against the state, 
adhering to its enemies, or giving them aid and comfort. No person shall 
be convicted of treason unless on the evidence of two witnesses to the 
overt act. or confession in open court. — Kan. (1859), Bill of Rights. 

Sec. 229. Treason against the commonwealth shall consist only in 
levying war against it, or in adhering to its enemies giving them aid and 
comfort. No person shall be convicted of treason except on the testi- 
mony of two witnesses to the same overt act, or his own confession in 
open court— Ky. (1891), Sec. 229. 

Art. 162. Treason against the state shall consist only in levying war 
against it, or adhering to its enemies, giving them aid and comfort. 
No person shall be convicted of treason except on the testimony of two 
witnesses to the same overt act, on his confession in open court. — La. 
(1898), Art. 162. 

Sec. 12. Treason against this state shall consist only in levying war 
against it, adhering to its enemies, giving them aid and comfort. No 
person shall be convicted of ^treason unless on the testimony of two wit- 
nesses to the same overt act, or confession in open court. — Me. (1819), 
Art. 1. 

Sec. 9. Treason against the state shall consist only in levying war 
against the same, or in adhering to its enemies, giving them aid and 
30— Jud. Dept. 



234 

comfort. No person shall be convicted of treason unless on the testi- 
mony of two witnesses to the same overt act, or on confession in open 
court.— Minn. (1857), Art. 1. 

Sec. 10. Treason against the state shall consist only in levying war 
against the same or in adhering to its enemies, giving them aid and 
comfort. No person shall be convicted of treason unless on the testimony 
of two witnesses to the same overt act, or on confession in open court. — 
Miss. (1890), Art. 3. 

Sec. 13. That treason against the state can consist only in levying 
war against it, or in adhering to its enemies, giving them aid and com- 
fort ; that no person can be convicted of treason unless on the testimony 
of two witnesses to the same overt act, or on his confession in open court; 
that no person can be attained of treason or felony by the general as- 
sembly; that no conviction can work corruption or blood or forfeiture 
of estate; that the estates of such persons as may destroy their own 
lives shall descend or vest as in cases of natural death; and when any 
person shall be killed by casualtv, there shall be no forfeiture by reason 
thereof.— Mo. (1875), Art. 2. 

Sec. 0. Treason against the state shall consist only in levying war 
against it, or in adhering to its enemies, giving them aid and comfort; 
no person shall be convicted of treason except on the testimony of two 
witnesses to the same overt act, or on his confession in open court; no 
person shall be attainted of treason or felony by the legislative assembly; 
no conviction shall work corruption of blood or forfeiture of estate; 
the estates of persons who may destroy their own lives shall descend 
or vest as in cases of natural death. — Mont. (1889), Art. 3. 

Sec. 14. Treason against the state shall consist only in levying war 
against the state, or in adhering to its enemies, giving them aid and 
comfort. No person shall be convicted of treason unless on the testimony 
of two witnesses to the same overt act, or on confession in open court. — 
~Neb. (1875), Art. 1. 

Sec. 19. Treason against the state shall consist only in levying war 
against it, adhering to its enemies, or giving them aid and comfort. 
And no person shall be convicted of treason, unless on the testimony 
of two witnesses to the same overt act, or on confession in open court. — 
Nev. (1804), Art. 1. 

14. Treason against the state shall consist only in levying war against 
it, or in adhering to its enemies, giving them aid and comfort. No person 
shall be convicted of treason, unless on the testimony of two witnesses to 
the same overt act, or on confession in open court. — N. J. (1844), Art. 1. 

Sec. 5. Treason against the state shall consist only in levying war 
against it, adhering to its enemies, or giving them aid and comfort. 
No person shall be convicted of treason unless on the testimony of 
two witnesses to the same overt act, or on confession in open court. 



235 

No conviction of treason or attainder shall work corruption of blood 
or forfeiture.— N. C. (1875), Art. 4. 

Sec. 10. Treason against the state shall consist only in levying war 
against it, adhering to its enemies or giving them aid and comfort. 
No person shall be convicted of treason unless on the evidence of two 
witnesses to the same overt act, or confession in open court. — N. Dak. 
(1889), Art. 1. 

Sec. 16. Treason against the state shall consist only in levying war 
against it or in adhering to its enemies, giving them aid and comfort. 
No person shall be convicted of treason, unless on the testimony of two 
witneses to the same overt act, or on confession in open court. — Okla. 
(1907), Art. 2. 

Sec. 24. Treason against the state shall consist only in levying war 
against it, or adhering to its enemies, giving them aid, or comfort. No 
person shall be convicted of treason unless on the testimony of two 
witnesses to the same overt act, or confession in open court. — Ore. (1857), 
Art, 1. 

Sec. 22. Treason against the state shall consist alone in levying war 
or in giving aid and comfort to enemies against the state. No [person shall 
be held guilty of treason, except upon testimony of at least two witnesses 
to the same over act, or upon confession in open court. — 8. C. (1895), 
Art. 1. 

Sec. 25. Treason against the state shall consist only in levying war 
against it, or in adhering to its enemies, or in giving them aid and 
comfort. No person shall be convicted of treason unless on the testimony 
of two witnesses to the same overt act, or confession in open court. — 
ft D. (1889), Art. 6. 

Sec. 22. Treason against the state shall consist only in levying war 
against it, or adhering to its enemies, giving them aid and comfort; and 
no person shall be convicted of treason except on the testimony of two 
witnesses to the same overt act, or on confession in open court. — Tex. 
(1875). Art. 1. 

Sec. 19. Treason against the state shall consist only in levying war 
against it, or in adhering to its enemies or in giving them aid and com- 
fort. No person shall be convicted of treason unless on the testimony of 
two witnesses to the same over act. — Utah (1896), Art. 1. 

Sec. 27. Treason against the state shall consist only in levying war 
against the state, or adhering to its enemies, or in getting them aid and 
comfort. No person shall be convicted of treason unless on the testimony 
of two witnesses to the same overt act, or confession in open court. — 
Wash. (1889), Art. 1. 

Sec. 6. Treason against the state shall consist only in levying war 
against it, or in adhering to its enemies, giving them aid and comfort. 



• 236 

No person shall be convicted of treason, unless on the testimony of two 
witnesses to the same overt act, or on confession in open court. Treason 
shall be punished, according to the character of the acts committed, by 
the infliction of one or more of the penalties, of death, imprisonment or 
fine, as may be prescribed by law. — W. Va. (1872), Art. 2. 

Sec. 10. Treason against the state shall consist only in levying war 
against the same, or in adhering to its enemies, giving them aid and 
comfort. No person shall be convicted of treason unless Qn the testimony 
of two witnesses to the same over act, or on confession in open court. — 
Wis. (1848), Art 1. 

Sec. 26. Treason against the state shall consist only in levying war 
against it, or in adhering to its enemies, or in giving them aid and com- 
fort. No person shall be convicted of treason unless on the testimony of 
two witnesses to the same overt act, or on confession in open court; nor 
shall any person be attainted of treason by the legislature. — Wyo. (1880), 
Art. 1. 



EXCESSIVE BAIL OR FINES; CRUEL OR UNUSUAL PUNISHMENT; DETENTION OF 

WITNESSES. 

(103) Sec. 31. Excessive bail shall not be required; excessive fines 
shall not be imposed; cruel or unusual punishment shall not be inflicted, 
nor shall witnesses be unreasonably detained. — Mich. (1850), Art. 6. 

Sec. 15. That excessive fines shall not be imposed nor cruel or unusual 
punishment inflicted. — Ala. (1901), Art. 1. 

Sec. 9. Excessive bail shall not be required, nor shall excessive fines 
be imposed; nor shall cruel or unusual punishment be inflicted; nor 
witnesses be unreasonably detained. — Ark. (1871), Art. 2. 

Sec. 6. All persons shall be bailable by sufficient sureties, unless for 
capital offenses when the proof is evident or the presumption great. 
Excessive bail shall not be required, nor excessive fines imposed ; nor 
shall cruel or unusual punishment be inflicted. Witnesses shall not be 
unreasonably detained, nor confined in anv room where criminals are 
actually imprisoned.— Cal. (1S80), Art. 1. 

Sec. 17. That no person shall be imprisoned for the purpose of secur- 
ing his testimony in any case longer than may be necessary in order to 
take his deposition. If he can give security he shall be discharged; if he 
cannot give security, his deposition shall be taken by some judge of the 
supreme, district or county court, at the earliest time he can attend, at 
some convenient place by him appointed for that purpose, of which time 
and place the accused and the attorney prosecuting for the people, 
shall have reasouable notice. The accused shall have the right to appear 
in person and by counsel. If he have no counsel, the judge shall assign 
him one in that behalf only. On the completion of such examination the 
Avitness shall be discharged on his own recognizance, entered into before 



237 

said judge, but such deposition shall not be used if, in the opinion of the 
court, the personal attendance of the witness might be procured by the 
prosecution, or is procured by the accused. No exception shall be taken 
to such deposition as to matters of form. — Colo. (1876), Art. 2. 

Sec. 20. That excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. — Colo. (187G), 
Art. 2. 

Sec. 13. Excessive bail shall not be required, nor excessive fines 
imposed. — Conn. (1818), Art. 1. 

Sec. 11. Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel punishments inflicted ; and in the construction of jails 
a proper regard shall be had to the health of prisoners. — Del. (1897), 
Art. 1. 

Sec. 8. Excessive bail shall not be required, nor excessive fines be 
imposed, nor cruel or unusual punishment or indefinite imprisonment 
be allowed, nor shall witnesses be unreasonably detained. — Fla. (1885), 
Dec. of Rights. 

Sec. 1. Par. 9. Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishment inflicted; nor shall any per- 
son be abused in being arrested, while under arrest, or in prison. — Ga. 
(1877), Art. 1. 

Sec. 15. No person arrested, or confined in jail, shall be treated with 
unnecessary rigor. — Ind. (1851), Art. 1. 

Sec. 16. Excessive bail shall not be required. Excessive fines shall not 
be imposed. Cruel and unusual punishment shall not be inflicted. All 
penalties shall be proportioned to the nature of the offense. — Ind. (1851), 
Art. 1. 

Sec. 18. The penal code shall be founded on the principles of reforma- 
tion, and not of vindictive justice. — Ind. (1851), Art. 1. 

Sec. 17. Excessive bail shall not be required ; excessive fines shall not 
be imposed, and cruel and unusual punishment shall not be inflicted. — 
Iowa (1857), Art. 1. 

Sec. 17. Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel punishment inflicted. — Kg. (1891), Bill of Rights. 

Art. 12. Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel and unusual punishment inflicted. All persons shall 
be bailable by sufficient sureties, unless for capital offenses where the 
proof is evident or presumption great, or unless after conviction for any 
crime or offense punishable with death or imprisonment at hard labor. — 
La. (1898), Art. 12. 



238 

Sec. 9. Sanguinary laws shall not be passed; all penalties and pun- 
ishments shall be proportioned to the offense; excessive bail shall not 
be required, nor excessive fines imposed, nor cruel nor unusual punish- 
ment inflicted.— Me. (1819), Art. 1. 

Art. 16. That sanguinary laws ought to be avoided as far as it is 
consistent with the safety of the state; and no law to inflict cruel and 
unusual pains and penalties ought to be made in any case, or at any 
time, hereafter.— Mel. (1807), Dec. of Rights. 

Art. 25. That excessive bail ought not to be required, nor excessive 
fines imposed, nor cruel or unusual punishment inflicted bv the courts 
of law.— Mel, (1867), Dec. of Rights. 

Art. 26. No magistrate or court of law shall demand excessive bail or 
sureties, impose excessive fines, or inflict cruel or unusual punishments. 
— Mass. (1780), Part 1. 

Sec. 5. Excessive bail shall not be required, nor shall excessive fines 
be imposed; nor shall cruel or unusual punishments be inflicted. — Minn. 
(1857), Art. 1. 

Sec. 28. Cruel or unusual punishment shall not be inflicted, nor exces- 
sive fines be imposed. — Miss. (1890), Art. 3. 

Sec. 29. Excessive bail shall not be required; and all persons shall, 
before conviction, be bailable by sufficient sureties, except for capital 
offenses when the proof is evident or presumption great. — Miss. (1890) 
Art. 3. 

. Sec. 25. That excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishment inflicted. — Mo. (1875), 
Art. 2. 

Sec. 17. No person shall be imprisoned for the purpose of securing 
his testimony in any criminal proceeding longer than may be necessary 
in order to take his deposition. If he can give security for his appear- 
ance at the time of trial he shall be discharged upon giving the same; 
if he cannot give security, his deposition shall be taken in the manner 
prescribed by law, and in the presence of the accused and his counsel, 
or without their presence, if they shall fail to attend the examination 
after reasonable notice of the time and place thereof. Any deposition 
authorized by this section may be received as evidence on the trial, if 
the witness shall be dead or absent from the state. — Mont. (1889), Art. 3. 

Sec. 20. Excessive bail shall not be required, or excessive fines im- 
posed, or cruel and unusual punishments inflicted. — Mont. (1889), Art. 3. 

Sec. 24. Laws for the punishment of crime shall be founded on the 
principles of reformation and prevention, but this shall not affect the 
power of the legislative assemblv to provide for punishing offenses by 
death.— Mont. (1889), Art. 3. 



239 

Sec. 6. Excessive bail shall not be required, nor excessive fines im- 
posed; nor shall cruel or unusual punishments be inflicted; nor shall 
witnesses be unreasonably detained. — Nev. (1864), Art. 1. 

Art. 18. All penalties ought to be proportioned to the nature of the 
offense. No wise legislature will affix the same punishment to the crimes 
of theft, forgery, and the like, which they do to those of murder and 
treason. Where the same undistinguishing severity is exerted against 
all offenses, the people are led to forget the real distinction in the crimes 
themselves and to commit the most flagrant with as little compunction as 
they do the lightest offenses. For the same reason, a multitude of 
sanguinary laws is both impolitic and unjust, the true design of all 
punishment being to reform, not to exterminate, mankind. — N. H., Part 
1, Art. 18. 

Art. 33. No magistrate or court of law shall demand excessive bail 
or sureties, impose excessive fines, or inflict cruel or unusual punish- 
ments.— N. H., Part 1, Art. 33. 

Sec. 15. Excessive bail shall not be required, excessive fines shall not 
be imposed, and cruel and unusual punishments shall not be inflicted.— 
N. J. (1844), Art. 1. 

Sec. 5. Excessive bail shall not be required nor excessive fines im- 
posed, nor shall cruel and unusual punishments be inflicted, nor shall 
witnesses be unreasonably detained. — N. Y. (1894), Art. 1. 

Sec. 14. Excessive bail should not be required, nor excessive fines im- 
posed, nor cruel or unusual punishments inflicted. — N. C. (1875), Art. 1. 

Sec. 1. The following punishments only shall be known to the laws 
of this state, viz. : Death, imprisonment with or without hard labor, 
fines, removal from office, and disqualification to hold and enjoy any 
office of honor, trust or profit under this state. The foregoing provision 
for imprisonment with hard labor shall be construed to authorize the 
employment of such convict labor on public works or highways, or other 
labor for public benefit, and the farming out thereof, where and in 
such manner as may be provided by law ; but no convict shall be farmed 
out who has been sentenced on a charge of murder, manslaughter, rape, 
attempt to commit rape, or arson : Provided, That no convict whose 
labor may be farmed out shall be punished for any failure of duty as a 
laborer except by a responsible officer of the state; but the convicts so 
farmed out shall be at all times under the supervision and control, as to 
their government and discipline, of the penitentiary board or some officer 
of the state.— N. C. (1875), Art. 11. 

Sec. 2. The object of punishment being not only to satisfy justice, 
but also to reform the offender, and thus prevent crime, murder, arson, 
burglary and rape, and these only, may be punishable with death, if the 
general assembly shall so enact. — N. G. (1875), Art. 11. 

Sec. 9. Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel or unusual punishments inflicted. — Okla. (1907), Art. 2. 



240 

Sec. 13. No person arrested or confined in jail shall be treated with 
unnecessary rigor. — Ore. (1857), Art. 1. 

Sec. 15. Laws for the punishment of crime shall *be founded on the 
principles of reformation, and not of vindictive justice. — Ore. (1857), 
Art. 1. 

Sec. 16. Excessive bail shall not be required, nor excessive fines im- 
posed. Cruel and unusual punishments shall not be inflicted, but all pen- 
alties shall be proportioned to the offense. In all criminal cases what- 
ever, the jury shall have the right to determine the law and the facts, 
under the direction of the court, as to the law, and the right of new trial, 
as in civil cases. — Ore. (1857), Art. 1, Sec. 16. 

Sec. 13. Excessive bail shall not be required, nor excessive fines 
imposed nor cruel punishments inflicted. — Pa. (1873), Art. 1. 

Sec. 8. Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel punishments inflicted ; and all punishments ought to be 
proportioned to the offense. — R. I. (1842), Art. 1. 

Sec. 19. Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel and unusual punishments inflicted, nor shall witnesses 
be unreasonably detained. Corporal punishment shall not be inflicted. 
The power to punish for contempt shall not in any case extend to 
imprisonment in the state penitentiary. — 8. C. (1895), Art. 1. 

Sec. 23. Excessive bail shall not be required, excessive fines imposed, 
nor cruel punishment inflicted. — 8. D. (1889), Art. 6. 

Sec. 13. That no person arrested and confined in jail shall be treated 
with unnecessary rigor. — Tenn. (1870), Art. 1. 

Sec. 16. That excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. — Tenn. (1870), 
Art. 1. 

Sec. 13. Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel or unusual punishment inflicted. All courts shall be 
open, ;m<l every person for an injury done him in his lands, goods, per- 
son or reputation shall have remedv by due course of law. — Tex. (1875), 
Art. 1. 

See. 9. Excessive bail shall not be required; excessive fines shall not 
be imposed; nor shall cruel and unusual punishments be inflicted. Per- 
sons arrested or imprisoned shall not be treated with uunecessarv rigor. 
— Utah (1896), Art. 1. 

Sec. 9. That excessive bail ought not to be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. — Va. (1902), 
Art. 1. 



241 

Sec. 14. Excessive bail shall not be required, excessive fines imposed, 
nor cruel punishment indicted. — Wash. (1889), Art. 1. 

Sec. 5. Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel and unusual punishment indicted. Penalties shall be 
proportioned to the character and degree of the offense. No person shall 
be transported out of, or forced to leave the state for any offense com- 
mitted within the same; nor shall any person, in any criminal case, be 
compelled to be a witness against himself, or be twice put in jeopardy 
of life or liberty for the same offense.— W. Va. (1872), Art. 3. 

Sec. 6. Excessive bail shall not be required, nor shall excessive fines 
be imposed, nor cruel and unusual punishments inflicted. — Wis. (1848), 
Art. 1. 

Sec. 12. No person shall be detained as a witness in any criminal 
prosecution longer than may be necessary to take his testimony or de- 
position, nor be, confined in any room where criminals are imprisoned. — 
Wyo. (1889), Art. 1. 

Sec. 14. All persons shall be bailable by sufficient sureties, except for 
capital offenses when the proof is evident or the presumption great. Ex- 
cessive bail shall not be required, nor excessive fines imposed, nor shall 
cruel or unusual punishment be inflicted. — Wyo. (1889), Art. 1. 

Sec. 15. The penal code shall be framed on the humane principles of 
reformation and prevention. — Wyo. (1889), Art. 1. 



WITNESS AGAINST SELF ; DUE PROCESS OF LAW. 

(104) Sec. 32. No person shall be compelled in any criminal case to 
be a witness against himself, nor be deprived of life, liberty or property, 
without due process of laxo. — Mich. (1850), Art. 6. 

Sec. 18. That no person shall be compelled to testify against himself 
in a criminal case, nor shall any person be twice put in jeopardy for the 
same offense. If the jury disagree, or if the judgment be arrested after 
the verdict or if the judgment be reversed for error in law, the accused 
shall not be deemed to have been in jeopardy. — Colo. (1876), Art. 2. 

Sec. 25. That no person shall be' deprived of life, liberty or property, 
without due process of law. — Colo. (1876), Art. 2. 

Sec. 10. No person shall be arrested, detained, or punished, except in 
cases clearly warranted by law. — Conn. (1818), Art. 1. 

Sec. 1. Par. 3. No person shall be deprived of life, liberty or prop- 
erty, except by due process of law. — Qa. (1877), Art. 1. 

Sec. 1. Par. 6. No person shall be compelled to give testimony tend- 
ing in any way to criminate himself. — Ga. (1877), Art. 1. 
31— Jud. Dept. 



242 

Sec. 2. No person shall be deprived of life, liberty or property with- 
out due process of law. — 111. (1870), Art. 2. 

Sec. 10. No person shall be compelled in any criminal case to give 
evidence against himself, or to be twice put in jeopardv for the same 
offense.— Ill, (1870), Art. 2. 

Sec. 18. All persons, for injuries suffered in person, reputation or 
property, shall have remedy by due course of law, and justice admin- 
istered without delay. — Kan. (1859), Bill of Bights, 

Art. 2. No person shall be deprived of life, liberty or property, except 
by due process of law. — La. (1898), Art. 2. 

Art. 11. No person shall be compelled to give evidence against him- 
self in a criminal case, or in any proceeding that may subject him to 
criminal prosecution, except as otherwise provided in this constitution. — 
La. (1898), Art. 11. 

Art. 22. That no man ought to be compelled to give evidence against 
himself in a criminal case. — Md. (1867), Dec. of Rights. 

Art. 23. That no man ought to be taken or imprisoned or disseized 
of his freehold, liberties or privileges, or outlawed, or exiled, or in any 
manner destroyed or deprived of his life, liberty or property, but by the 
judgment of his peers, or by the law of the land. — Md. (1867), Dec. of 
nights. 

Art. 10. Each individual of the society has a right to be protected by 
it in the enjoyment of his life, liberty, and property, according to stand- 
ing laws. He is obliged, consequently, to contribute his* share to the 
exnense of this protection; to give his personal service, or an equivalent, 
when necessary; but no part of the property of any individual can, with 
justice, be taken from him, or applied to public uses, without his own 
consent, or that of the representative body of the people. In fine, the 
people of this commonwealth are not controllable by any other laws 
than those to which their constitutional representative body have given 
their consent. And whenever the public exigencies require that the prop- 
erty of any individual should be appropriated to public uses, he shall re- 
ceive a reasonable compensation therefor. — Mass. (1780), Part 1, Art. 10. 

Sec. 2. No member of this state shall be disfranchised, or deprived 
of any of the rights or privileges secured to any citizen thereof, unless 
by t lie law of the land, or the judgment of his peers. There shall be 
neither slavery nor involuntary servitude in the state otherwise than in 
the punishment of crime, whereof the party shall have been duly con- 
victed.—.!//////. (1857), Art. 1. 

Sec. 14. No person shall be deprived of life, liberty or property except 
by due process of law. — Miss. (1890), Art. 3. 

Sec. 23. That no person shall be compelled to testify against himself 



243 

in a criminal cause, nor shall any person, after being once acquitted by 
a jury, be again, for the same offense, put in jeopardy of life or liberty; 
but if the jury to which the question of his guilt or innocence is sub- 
mitted fail to render a verdict, the court before which the trial is had 
may, in, its discretion, discharge the jury and commit or bail the prisoner 
for trial at the next term of court, or, if the state of business will permit, 
at the same term; and if judgment be arrested after a verdict of guilty 
on a defective indictment, or if judgment on a verdict of guilty be re- 
versed for error in law, nothing herein contained shall prevent a new 
trial of the prisoner on a proper indictment, or according to correct 
principles of law. — Mo. (1875), Art. 2. 

Sec. 30. That no person shall be deprived of life, liberty or property, 
without due process of law. — Mo. (1875), Art. 2. 

^Sec. 18. No person shall be compelled to testify against himself, in a 
criminal proceeding, nor shall any person be twice put in jeopardy for 
the same offense.— Mont. (1889), Art. 3. 

Sec. 27. No person shall be deprived of life, liberty or property with- 
out due process of law. — Mont. (1889), Art. 3. 

Sec. 3. No person shall be deprived of life, liberty or property, with- 
out due process of laAV. — Neb. (1875), Art. 1. 

Art. 12. Every member of the community has a right to be protected 
by it in the enjoyment of his life, liberty, and property. He is, there- 
fore, bound to contribute his share in the expense of such protection, 
and to yield his personal service, when necessary, or an equivalent, but 
no part of a man's property shall be taken from him or applied to 
public uses without his own consent or that of the representative body of 
the people. Nor are the inhabitants of this state controllable by any other 
laws than those to which they or their representative body have given 
their consent. — N. H., Part 1, Art. 12. 

•Sec. 1. No member of this state shall be disfranchised or deprived of 
any of the rights or privileges secured to any citizen thereof, unless by 
the law of the land, or the judgment of his peers. — N. Y. (1894), Art. 1. 

Sec. 17. No person ought to be taken, imprisoned, or disseized of his 
freehold, liberties or privileges, or outlawed or exiled, or in any manner 
deprived of his life, liberty or property, but by the law of the land. — 

N. C. (1875), Art. 1. 

Sec. 7. No person shall be deprived of life, liberty or property, with- 
out due process of law. — Okla. (1907), Art. 2. 

Sec. 21. No person shall be compelled to give evidence which will 
tend to incriminate him, except as in this constitution specifically pro- 
vided; nor shall any person, after having been once acquitted by a jury, 
be again put in jeopardy of life or liberty for that of which he has been 
acquitted. Nor shall any person be twice put in jeopardy of life or liberty 
for the same offense.— Okla. (1907), Art. 2. 



244 

Sec. 13. No man in a court of common law shall be compelled to give 
evidence criminating himself. — R. I. (1842), Art. 1. 

Sec. 5. The privileges and immunities of citizens of this state and of 
the United States under this constitution shall not be abridged, nor 
shall any person be deprived of life, liberty of property without due 
process of law, nor shall any person be denied the equal protection of 
the law.— fif. C. (1895), Art. 1. 

Sec. 2. No person shall be deprived of life, liberty or property with- 
out due process of law. — 8. D. (1889), Art. 6. 

Sec. 9. No person shall be compelled in any criminal case to give 
evidence against himself or be twice put in jeopardy for the same of- 
fense.— £. D. (1889), Art. 6. 

Sec. 8. That no man shall be taken or imprisoned, or disseized of his 
freehold, liberties, or privileges, or outlawed, or exiled, or in any manner 
destroyed or deprived of- his life, liberty, or property, but by the judg- 
ment of his peers or the law of the land. — Tenn. (1870), Art. 1. 

Sec. 19. No citizen of this state shall be deprived of life, liberty, 
property, privileges or immunities, or in any manner disfranchised, ex- 
cept by the due course of the law of the land. — Tex. (1875), Art. 1. 

Sec. 7. No person shall be deprived of life, liberty or property, with- 
out due process of law. — Utah (1896), Art. 1. 

Sec. 8. That no man shall be deprived of his life, or liberty, except by 
the law of the land, or the judgment of his peers ; nor shall any man be 
compelled in any criminal proceeding to give evidence against himself, 
nor be put twice in jeopardy for the same offense, but an appeal may be 
allowed to the commonwealth in all prosecutions for the violation of a 
law relating to the state revenue. 

That in all criminal prosecutions a man hath a right to demand the 
cause and nature of his accusations, to be confronted with the accusers 
and witnesses, to call for evidence in his favor, and to a speedy trial by 
an impartial jury of his vicinage, without whose unanimous consent he 
cannot be found guilty: Provided, however. That in any criminal case, 
upon a plea of guilty, tendered in person by the accused, and with the 
consent of the attorney for the commonwealth, entered of record, the 
court shall, and in a prosecution for an offence not punishable by death, 
or confinement in the penitentiary, upon a plea of not guilty, with the 
consent of the accused, given in person, and of the attorney for the com- 
monwealth, both entered of record, the court, in its discretion, may bear 
and determine the case, without the intervention of a jury; and, that the 
general assembly may provide for the trial of offences not punishable 
by dea tli. or confinement in the penitentiary, by a justice of the peace, 
without a jury, preserving in all such cases, the right of the accused 
to an appeal to and trial by jury in the circuit or corporation court; 
and may also provide for juries consisting of less than twelve, but not 
less than five, lor the trial of offences not punishable by death, or con- 



245 

finement in the penitentiary, and may classify such cases, and prescribe 
the number of jurors for each class. — Va. (1902), Art. 1. 

Sec 1 1. That no person shall be deprived of his property without due 
process of law; and in controversies respecting property, and in suits 
between man and man, trial by jury is preferable to any other, and ought 
to be held sacred; but the general assembly may limit the number of 
jurors for civil cases in circuit and corporation courts to not less than 
five in cases now cognizable by justices of the peace, or to not less than 
seven in cases not so cognizable. — Va. (1902), Art. 1. 

Sec. 3. No person shall be deprived of life, liberty or property with- 
out due process of law. — Wash. (1889), Art. 1. 

Sec. 9. No person shall be compelled in any criminal case to give 
evidence against himself, or be twice put in jeopardy for the same 
offense.— TR/^. (1889), Art. 1. 

10. No person shall be deprived of life, liberty, or property, without 
due process of law, and the judgment of his peers. — W. Va. (1872), Art. 3. 

Sec. 6. No person shall be deprived of life, liberty or property without 
due process of law.— Wyo. (1889), Art. 1. 

Sec. 11. No person shall be compelled to testify against himself in 
any criminal case, nor shall any person be twice put in jeopardy for the 
same offense. If the jury disagree, or if the judgment be arrested after 
a verdict, or if the judgment be reversed for error in law, the accused 
shall not be deemed to have been in jeopardy. — Wyo. (1889), Art. 1. 



IMPRISONMENT FOR DEBT OR MILITIA FINE. 

(105) Sec. 33. No person shall be imprisoned for debt arising out 
of, or founded on a, contract, express or implied, except in cases of fraud 
or breach of trust, or of moneys collected by public officers, or in any 
professional employment. No person shall be imprisoned for a militia 
fine in time of peace. — Mich. (1850), Art. 6. 

Sec. 20. That no person shall be imprisoned for debt. — Ala. (1901), 
Art. 1. 

Sec. 16. No person shall be imprisoned for debt in any civil action, 
or mesne or final'process, unless in cases of fraud. — Ark. (1874), Art. 2. 

Sec. 15. No person shall be imprisoned for debt in any civil action, 
on mesne or final process, unless in cases of fraud, nor in civil actions 
for torts, except in cases of wilful injury to person or property; and no 
person shall be imprisoned for a militia fine in time of peace. — Gal. 
(1880), Art. 1. 

Sec. 12. That no person shall be imprisoned for debt, unless upon 



246 

refusal to deliver up his estate for the benefit of his creditors, in such 
manner as shall be prescribed by law, or in cases of tort where there 
is a strong presumption of fraud. — Colo. (1876), Art. 2. 

Sec. 16. No person shall be imprisoned for debt except in case of 
fraud.— Fla. (18S5), Dec. of Rights. 

Sec. 1. Par. 21. There shall be no imprisonment for debt. — Ga. (1877) , 
Art. 1. 

Sec. 2. Par. 6. The general assembly shall have the power to pro- 
vide for the punishment of fraud; and shall provide, by law, for reaching 
property of the debtor concealed from the creditor. — Ga. (1877), Art. 1. 

Sec. 15. There shall be no imprisonment for debt in this state except 
in cases of fraud. — Idaho (1889), Art. 1. 

Sec. 12. No person shall be imprisoned for debt, unless upon refusal 
to deliver up his estate for the benefit of his creditors, in such manner 
as shall be prescribed by law; or in cases where there is strongs pre- 
sumption of fraud. — III. (1870), Art. 2. 

Sec. 19. No person shall be imprisoned for debt in any civil action, 
on mesne or final process, unless in case of fraud; and no person shall 
be imprisoned for a military fine in time of peace. — loiva (1857), Art. 1. 

Sec. 16. No person shall be imprisoned for debt except in cases of 
fraud.— Kan. (1859), Bill of Rights. 

Sec. 18. The person of a debtor, where there is not strong presump- 
tion of fraud, shall not be continued in prison after delivering up his 
estate for the benefit of his creditors in such manner as shall be pre- 
scribed by law. — Ky. (1891), Bill of Rights. 

Sec. 38. No person shall be imprisoned for debt. — Md. (1867), Art. 3. 

* 

Sec. 12. No person shall be imprisoned for debt in this state but 
this shall not prevent the legislature from providing for imprisonment, 
or holding to bail, persons charged with fraud in contracting said debt. 
A reasonable amount of property shall be exempt from seizure or sale 
for the payment of any debt or liability. The amount of such exemp- 
tion shall be determined by law : Provided, however, That all property 
so exempted shall be liable to seizure and sale for any debts incurred to 
any person for work done or materials furnished in the construction, 
repair or improvement of the same: And, prodded further, That such 
liability to seizure and sale shall also extend to all real property for any 
debt incurred to any laborer or servant for labor or service performed. 
—Minn. (1857), Art. 1 (Amdt. 1898). 

Sec. 16. That imprisonment for debt shall not be allowed, except for 
the non-payment of fines and penalties imposed for violation of law. — 
Mo. (1875), Ait. 2. 



247 

Sec. 30. There shall be no imprisonment for debt. — Miss. (1890), 
Art. 3. 

Sec. 12. No person shall be imprisoned for debt except in the man- 
ner prescribed by law, upon refusal to deliver up his estate for the benefit 
of his creditors, or in cases of tort, where there is strong presumption 
of fraud.— Mont. (1889), Art. 3. 

Sec. 20. No person shall be imprisoned for debt in any civil action 
on mesne or final process unless in cases of fraud. — Neb. (1875), Art. 1. 

Sec. 17. No person shall be imprisoned for debt in any action, or on 
any judgment founded upon contract, unless in cases of fraud; nor 
shall any person be imprisoned for a militia fine in time of peace. — N. J. 
(1844), Art. 1. 

Sec. 16. There shall be no imprisonment for debt in this state, except 
in cases of fraud. — N. C. (1875), Art. 1. 

Sec. 15. No person shall be imprisoned for debt unless upon refusal 
to deliver up his estate for the benefit of his creditors, in such manner 
as shall be prescribed by law; or in cases of tort; or where there is strong 
presumption of fraud.— N. Dak, (1889), Art. 1. 

Sec. 15. No person shall be imprisoned for debt in any civil action, 
on mesne or final process, unless in cases of fraud. — Ohio (1851), Art. 1. 

Sec. 13. Imprisonment for debt is prohibited, except for the non- 
pavment of fines and penalties imposed for the violation of law. — Okla. 
(1907), Art. 2. 

Sec. 19. There shall be no imprisonment for debt except in case of 
fraud or absconding debtors. — Ore. (1857), Art. 1. 

Sec. 16. The person of a debtor, where there is not strong presump- 
tion of fraud, shall not be continued in prison after delivering up his 
estate for the benefit of his creditors, in such manner as shall be pre- 
scribed by law.— Pa. (1873), Art. 1. 

Sec. 11. The person of a debtor, when there is not strong presumption 
of fraud, ought not to be continued in prison, after he shall have de- 
livered up his property for the benefit of his creditors, in such manner 
as shall be prescribed by law. — R. I. (1842), Art. 1. 

Sec. 24. No person shall be imprisoned for debt except in cases of 
fraud.— S. C. (1895), Art. 1. 

Sec. 15. No person shall be imprisoned for debt arising out of or 
founded upon a contract.— S. D. (1889), Art. 6. 

Sec. 18. The legislature shall pass no law authorizing imprisonment 
for debt in civil cases. — Tenn. (1870), Art. 1. 



248 

Sec. 18. No person shall ever be imprisoned for debt. — Tex. (1875), 
Art. 1. 

Sec. 16. There shall be no imprisonment for debt, except in cases 
of absconding debtors. — Utah (1896), Art. 1. 

Sec. 33. The person of a debtor, where there is not strong presumption 
of fraud, shall not be continued in prison after delivering up and assign- 
ing over, bona fide, all his estate, real and personal, in possession, rever- 
sion or remainder, for the use of his creditors, in such manner as shall 
be hereafter regulated by law. And all prisoners, unless in execution, 
or committed for capital offenses, when the proof is evident or presump- 
tion great, shall be bailable by sufficient sureties; nor shall excessive 
bail be exacted for bailable offenses. — Vt. (1793), Chap. 2. 

Sec. 17. There shall be no imprisonment for debt, except in cases of 
absconding debtors. — Wash. (1889), Art. 1. 

Sec. 16. No person shall be imprisoned for debt, arising out of, or 
founded on'a contract, expressed or implied. — Wis. (1848), Art. 1. 

Sec. 5. No person shall be imprisoned for debt except in cases of 
fraud.— Wyo. (1889), Art. 1. 



COMPETENCY OF WITNESSES. 

(106) Sec. 34. No person shall be rendered incompetent to be a wit- 
ness on account of his opinions on matters of religious belief. — Mich. 
(1850), Art. 6. 

Sec. 9. In trials of contested elections and in proceedings for the 
investigation of elections no person shall be permitted to withhold his 
testimony on the ground that it may criminate himself or subject him to 
public infamy; but such testimony shall not be used against him in any 
judicial proceeding, except for perjurv in giving such testimonv. — Ark. 
'(1874), Art. 3. 

Sec. 2. In civil actions no witness shall be excluded because he is a 
party to the suit or interested in the issue to be tried: Provided, That in 
actions by or against executors, administrators or guardians in which 
judgmenl may be rendered for or against them, neither party shall be 
allowed to testify against the other as to any transactions with or stale 
moiils of the testator, intestate or ward, unless called to testify thereto, 
by the opposite party: Provided, further. That this section may be 
amended or replaced by the general assembly. — Ark. 11S74), Schedule. 

Sec 7. NO person shall be rendered incompetent as a witness, in 
•consequence of his opinion on matters of religion. — Ind. (1851), Art. 1. 

Art. 184. Any person may be compelled to testify in any lawful pro- 
ceeding against anyone who may be charged with having committed the 



249 

offense of bribery, and shall not be permitted to withhold his testimony 
upon the ground that it may criminate him or subject him to public 
infamy; but such testimony shall not afterwards be used against him 
in anv judicial proceedings, except for perjury in giving such testimony. 
—La! (1898), Art. 184. 

Sec. 53. No person shall be incompetent, as a witness on account of 
race or color, unless hereafter so declared by act of the general assembly. 
— Md. (1867), Art. 3. 

Sec. 27. Any person having knowledge or possession of facts that tend 
to establish the guilt of any other person or corporation charged with an 
offense against the law of the state, shall not be excused from giving 
testimony or producing evidence, when legally called upon so to do, on the 
ground that it may tend to incriminate him under the laws of the state; 
ant no person shall be prosecuted or subjected to any penalty or forfei- 
ture for or on account of any transaction, matter, or thing concerning 
which he may so testify or produce evidence. — Okla. (1907), Art. 2. 

Sec. 6. No person shall be rendered incompetent as a witness or juror 
in consequence of his opinions on matters of religion, nor be questioned 
in any court of justice touching his religious belief, to affect the weight 
of his testimony. — Ore. (1857), Art. 1. 

Sec. 5. No person shall be disqualified to give evidence in any of the 
courts of this state on account of his religious opinions, or for want of 
any religious belief, but all oaths or affirmations shall be administered in 
the mode most binding upon the conscience, and shall be taken subject to 
the pains and penalties of perjury. — Tex. (1875), Art. 1. 



STYLE OF PROCESS. 

(107) Sec. 35. The style of all process shall ~be, "In the name of the 
people of the state of Michigan." — Mich. (1850), Art. 6. 

Sec. 170. The style of all processes shall be "The state of Alabama," 
and all prosecutions shall be carried on in the name and by the authority 
of the same, and shall conclude "Against the peace and dignity of the 
state."— Ala. (1901), Art 6. 

Sec. 49. All writs and other judicial process shall run in the name 
of the state of Arkansas, bear test and be signed by the clerks of the re- 
spective courts from which they issue. Indictments shall conclude r 
"Against the peace and dignity of the state of Arkansas." — Ark. (1874) r 
Art. 7. 

Sec. 20. The style of process shall be "the people of the state of Cali- 
fornia," and all prosecutions shall be conducted in their name and by 
their authority.— Gal. (1880), Art. 6. 

Sec. 30. All process shall run in the name of "The people of the state 
32— Jud. Dept. 



250 

of Colorado;" all prosecutions shall be carried on in the name and by the 
authority of "The people of the state of Colorado," and conclude, "against 
the peace and dignity of the same." — Colo. (1876), Art. 6. 

Sec. 35. The style in all process and public acts shall be "the state of 
Delaware." Prosecutions shall be carried on in the name of the state. — 
Del. (1897), Art. 4. 

Sec. 37. The style of all process shall be "The state of Florida," and 
all prosecutions shall be conducted in the name and by the authority 
of the state.— FJa. (1885), Art. 5. 

Sec. 33. All process shall run : In the name of the people of the state 
of Illinois; and all prosecutions shall be carried on: In the name and by 
the authority of the people of the state of Illinois; and conclude : Against 
the oeace and dignity of the same. "Population," wherever use'l in this 
article, shall be determined by the next preceding census of this state, 
or of the United States.— III. (1870), Art. 6. 

Sec. 18. All criminal prosecutions shall be carried on in the name, 
and by the authority of the state; and the style of all processes shall be, 
-The state of Indiana."— hid. (1851), Art. 7. 

Sec. 8. The style of all process shall be "The state of Iowa," and all 
prosecutions shall be conducted in the name and by the authority of the 
same. — Iotca (1857), AH. 5. 

Sec. 17. The style of all process shall be "The state of Kansas," and 
all prosecutions shall be carried on in the name of the state. — Kan. 
(1859), Art. 3. 

Sec. 123. The style of process shall be, "The commonwealth of Ken- 
tucky." All prosecutions shall be carried on in the name and by the 
authority of the "Commonwealth of Kentucky," and conclude against the 
peace and dignity of the same. — Ky. (1891), Bill of Rights. 

Art. 5. All writs, issuing out of the clerk's office in any of the courts 
of law, shall be in the name of the commonwealth of Massachusetts; 
they shall be under the seal of the court from whence they issue; they 
.shall bear test of the first justice of the court to which they shall be re- 
turnable, who is not a party, and be signed by the clerk of such court. — 
Mass. (1780), Part 2, Chap. 6. 

Sec. 14. Legal pleadings and proceedings in the courts of this state 
shall be under the direction of the legislature. The style of all process 
shall be, "The state of Minnesota," and all indictments shall conclude, 
"against the peace and dignity of the state of Minnesota." — Minn. (1857), 
Art. 6. 

Sec. 109. The style of all process shall be "The state of Mississippi," 
and all prosecutions shall be carried on in the name and by the authority 



251 

of the "state of Mississippi," and all indictments shall conclude "against 
the peace and dignity of the state."— Miss. (1890), Art. 6. 

Sec. 38. All writs and process shall run and all prosecutions shall be 
conducted in the name of the "state of Missouri;" all writs shall be at- 
tested by the clerk of the court from which they shall be issued ; and all 
indications shall conclude, "against the peace and dignity of the state." — 
Mo. (1875), AH. 6. 

Sec. 27. The style of, all process shall be "the state of Montana" and 
all prosecutions shall be conducted in the name and by the authority 
of the same.— M ont. (1889), Art. 8. 

Sec. 24. All process shall run in the name of "the state of Nebraska," 
and all prosecutions shall be carried on in the name of "the state of 
Nebraska."— Neb. (1875), Art. 6. 

Sec. 13. The style of all process shall be "the state of Nevada," and 
all prosecutions shall be conducted in the name and by the authority of 
the same.— Ncv. (1864), Art. 6. 

Art. 86. All writs issuing out of the clerk's office in any of the courts 
of law, shall be in the name of the state of New Hampshire, shall be 
under the seal of the court whence they issue, and bear teste of the chief, 
first or senior justice of the court; but when such justice shall be inter- 
ested, then the writ shall bear teste of some other justice of the court 
to which the same shall be returnable; and be signed by the clerk of 
such, court. — N. H., Part 2, Art. 86. 

Art. 87. All indictments, presentments, and informations shall con- 
clude, "against the peace and dignity of the state." — N. B., Part 2, 
Art. 87. 

Sec. 97. The style of all process shall be "the state of North Da- 
kota." All prosecutions shall be carried on in the name and by the 
authority of the state of North Dakota, and conclude "against the peace 
and dignity of the state of North Dakota."— N. Dak. (1889), Art. 4. 

Sec. 20. The style of all process shall be "the state of Ohio;" all 
prosecutions shall be carried on, in the name, and by the authority, of 
the state of Ohio ; and all indictments shall conclude, "against the peace 
and dignity of the state of Ohio."— Ohio (1851), Art. 4. 

Sec. 23. The style of all process shall be "the commonwealth of Penn- 
sylvania." All prosecutions shall be carried on in the name and by the 
authority of the commonwealth of Pennsylvania, and conclude "against 
the peace and dignity of the same." — Pa. (1873), Art. 5. 

Sec. 31. All writs and processes shall run and all prosecutions shall 
be conducted in the name of the state of South Carolina; all writs shall 
be attested by the clerk of the court from which they shall be issued; 
and all indictment shall conclude "against the peace and dignity of 
the state."— S. C. (1895), Art. 5. 



252 

Sec. 38. All process shall run in the name of the "state of South 
Dakota." All prosecutions shall be carried on in the name of and by 
authority of the "state of South Dakota."— &. D. (1889), Art. 5. 

Sec. 12. All writs and other process shall run in the name of the 
state of Tennessee, and bear teste and be signed by the respective clerks. 
Indictments shall conclude, "against the peace and dignity of the state." 
— Term. (1870), Art. 6. 

Sec. 18. The style of all process shall be "the state of Utah," and all 
prosecutions shall be conducted in the name and by the authority of 
the same.— Utah (1896), Art. 8. 

Sec. 32. All prosecutions shall commence, by the authority of the 
state of Vermont; all indictments shall conclude with these words, 
against the peace and dignity of the state. And all fines shall be pro- 
portioned to the offences.— Vt. (1793), Chap. 2. 

Sec. 106. Writs shall run in the name of the "commonwealth of Vir- 
ginia," and be attested by the clerks of the several courts. Indictments 
shall conclude "against the peace and dignity of the commonwealth." — 
Va. (1902), Art. 6. 

Sec. 27. The style of all process shall be, "the state of Washington," 
and all prosecutions shall be conducted in its name and by its authority. 
— Wash. (1889), Art. 4. 

Sec. 17. The style of all writs and process shall be, "the state of 
Wisconsin"; all criminal prosecutions shall be carried on in the name 
and by the authority of the same; and all indictments shall conclude 
against the peace and dignity of the state. — Wis. (1848), Art. 7. 

Sec. 8. Writs, grants and commissions, issued under the authority 
of this state shall run in the name of, and official bonds shall be made 
payable to the state of West Virginia. Indictments shall conclude, 
"against the peace and dignity of the state."— W. Va. (1872), Art. 2. 

Sec. 15. The style of all process shall be "the state of Wyoming." 
All prosecutions shall be carried on in the name and by the authority 
of the state of Wyoming, and conclude "against the peace and dignity 
of the state of Wyoming."— Wyo. (1889), Art. 5. 



LBJe'12 






